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HOLTZEN v. TULSA COUNTY BD. OF ADJUSTMENT

No. 99,421.

97 P.3d 1150 (2004)

2004 OK CIV APP 74

Colin HOLTZEN, Tracey Holtzen, Scott Trizza, Mike Todd, Misty Todd, William A. Weinrich, Ursula Mueller, Ingeborg Mueller, Daniel B. Graves, Cassie Graves, Tom Watson, Penney L. Kinnamon, Betty J. Beil, Ann Raska, and Midtown Neighborhood Alliance, Plaintiffs/Appellees, v. TULSA COUNTY BOARD OF ADJUSTMENT, Defendant/Appellant, and Robert K. Bell Enterprises, Inc., Appellant.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied September 13, 2004.

Attorney(s) appearing for the Case

Randall S. Pickard, Randall S. Pickard, P.C. Tulsa, OK, for Plaintiffs/Appellees.

Linda K. Greaves, Assistant District Attorney, David T. Iski, Assistant District Attorney, Tulsa, OK, for Defendant/Appellant Tulsa County Board of Adjustment.

Roy D. Johnsen, Janine H. VanValkenburgh, Epperson & Johnsen, Tulsa, OK, for Appellant Robert K. Bell Enterprises.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION ON REHEARING

JERRY L. GOODMAN, Presiding Judge.

¶ 1 Defendant, Tulsa County Board of Adjustment, and Robert K. Bell Enterprises, Inc., appeal the trial court's May 29, 2003, grant of summary judgment in favor of plaintiffs (Neighbors). The trial court's judgment reversed the Board's grant of a special exception for construction and operation...

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