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SSM LLC v. CITY OF SAND SPRINGS

No. 106,736. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

243 P.3d 768 (2010)

2010 OK CIV APP 128

SAND SPRINGS MATERIALS LLC, an Oklahoma limited liability company, Plaintiff/Appellant, v. The CITY OF SAND SPRINGS, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied November 1, 2010.

Attorney(s) appearing for the Case

Sara C. Smith , James E. Weger , Jones, Gotcher & Bogan, P.C., Tulsa, OK, for Plaintiff/Appellant.

Kevin R. Nelson , Nelson and Ferraro PLLC, Oklahoma City, OK, David L. Weatherford , Birmingham, Morley, Weatherford & Priore, P.A., Tulsa, OK, for Defendant/Appellee.

JOHN F. FISCHER, Presiding Judge.

¶ 1 Sand Springs Materials LLC (SSM), appeals from the judgment of the district court upholding the decision of the City of Sand Springs to deny SSM a specific use permit to operate a rock quarry. Because we find that the judgment appealed is not against the clear weight of the evidence, we affirm.

BACKGROUND

¶ 2 SSM owns approximately 1,000 acres of property within...

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