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eBook details

• Title: In re Schrader
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 01, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

1 Lulla Schrader, appellant, owns a residence in Bethany, Oklahoma. In 1978, she had a carport built on the side of her corner lot. No building permit was obtained and the city of Bethany later notified her that the structure did not comply with the Bethany Code of Ordinances, § 45-14. The property owner then applied to the Bethany Board of Adjustment for a variance from that provision and it was granted. The appellee, City of Bethany, filed an appeal against that ruling in the District Court of Oklahoma County. In the District Court, the trial court sustained a demurrer to the landowners evidence and set aside the decision of the Board of Adjustment - thereby denying the variance. The order of the trial court sustaining the demurrer to the evidence was appealed by timely filing of a petition in error and was assigned to the Court of Appeals. Appellant questioned the constitutionality of the ordinance and asserted the Board had the power to refuse to enforce the ordinance on the basis of the vague nature of the ordinance. The Court of Appeals reversed the trial court and remanded the cause with directions to reinstate the decision of the Board of Adjustment - in effect, granting the variance. Writ of Certiorari has previously been issued to the Court of Appeals to review the cause.

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