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TRIANGLE FRATERNITY v. CITY OF NORMAN

No. 96,363.

63 P.3d 1 (2002)

2002 OK 80

TRIANGLE FRATERNITY, Plaintiff/Appellant, v. CITY OF NORMAN, ex rel. NORMAN BOARD OF ADJUSTMENT, Defendant/Appellee, and University Neighborhood Association, a not for profit corporation; Mckinley Elementary School Parent Teacher Association (PTA); Marjorie (Mrs. Duane) Roller; Judy Gibbs Robinson; E. O'Neil Robinson; Timothy Miller; Blake Gumprecht; David Dollarhide; and Victoria Dollarhide, Intervenors/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied February 3, 2003.

Attorney(s) appearing for the Case

Anton Rupert, Christopher R. Graves, Oklahoma City, OK, for Plaintiff/Appellant.

Jeff F. Raley, City Attorney, R. Blaine Nice, Assistant City Attorney, Norman, OK, for Defendant/Appellee.

J. Kelly Work Oklahoma City, OK, for Intervenors/Appellees.

KAUGER, J.

¶ 1 The dispositive issue presented is whether a fraternity's proposed use of a property as a fraternity house constitutes the same use as the property's former use as a retired women's boarding house which would entitle the fraternity to an extension of the existing nonconforming use under the City of Norman's zoning ordinances.1 We hold that because the fraternity's use of the property...

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