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IN RE EATON ENTERPRISES TO VACATE NORTHWEST

No. 96,668.

65 P.3d 277 (2003)

2003 OK 14

In the Matter of the Application of EATON ENTERPRISES TO VACATE NORTHWEST 20TH STREET BETWEEN WESTERN AVENUE AND CLASSEN BOULEVARD IN OKLAHOMA CITY, Oklahoma County, Oklahoma, The City of Oklahoma City, Defendant/Petitioner, v. Eaton Enterprises, Plaintiff/Respondent. The State of Oklahoma, ex rel. Gil Burk, et al., Plaintiffs, v. The City of Oklahoma City; The Two Thousand Classen Building Corporation; American Fidelity Assurance Company; and C.W. Cameron, Defendants.

Supreme Court of Oklahoma.

As Corrected March 6, 2003.

Attorney(s) appearing for the Case

Daniel T. Brummitt, Oklahoma City, OK, for the Petitioner.

Roland Tague, Oklahoma City, OK, for the Respondent.

HODGES, J.

¶ 1 The issue presented for this Court's review is whether the decision in the case of State ex rel. Burk v. Oklahoma City, 1973 OK 134, 522 P.2d 612 (Burk I), controls the present case. Because the facts and issues presented in this appeal differ from those previously presented, Burk I is not controlling in the present case.

I. FACTS

¶ 2 On December 17, 1997, the respondent...

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