K & K FOOD SERVICES, INC. v. S & H, INC.

No. 93,595.

3 P.3d 705 (2000)

2000 OK 31

K & K FOOD SERVICES, INC. d/b/a Burger King Restaurant at 721 S. Meridian Avenue in Oklahoma City, OK, Appellant, v. S & H, INC. d/b/a Hilton Garden Inn at 801 S. Meridian Avenue in Oklahoma City, OK, Appellee.

Supreme Court of Oklahoma.

April 18, 2000.


Attorney(s) appearing for the Case

Robert E. Norman Oklahoma City, Oklahoma, For Appellants.

Chris Harper, Phillip Owens, Oklahoma City, Oklahoma For Appellee.


¶ 1 KAUGER, J.:

¶ 2 The issue presented is whether the trial court prematurely entered summary judgment when it determined that a hotel could construct a curb along the common property line it shared with a restaurant notwithstanding an indenture which provided for unobstructed passage of persons and vehicles over and across common property lines. We hold that material fact questions exist concerning: 1) whether the...

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