Fletcher v. Board of County Com'rs of Oklahoma County

Decision Date15 March 1955
Docket NumberNo. 36577,36577
Citation285 P.2d 183
PartiesW. E. FLETCHER, Plaintiff in Error, v. BOARD OF COUNTY COMMISSIONERS OF OKLAHOMA COUNTY, State of Oklahoma, Defendant in Error.
CourtOklahoma Supreme Court

Syllabus by the Court

1. A favorable vote of all members of the Board of County Commissioners under 19 O.S.1951 § 865.16 only requires a majority vote.

2. The Court's duty, when change from classification of property under county zoning regulations is sought, is to determine whether restrictions on use of property is a reasonable exercise of power under zoning statute or whether restriction is an arbitrary, unreasonable and capricious exercise of that power.

3. Abuse of 'Judicial Discretion' is discretion exercised for purpose clearly against reason and evidence.

Appeal from the District Court of Oklahoma County; A. P. Van Meter, Judge.

From adverse judgment in an action by W. E. Fletcher for re-classification of property from C-2 General Commercial to I-2 Light Industrial, plaintiff appeals. Reversed and remanded with directions.

Cargill & Cargill, John Chiaf, Oklahoma City, for plaintiff in error.

Embry, Crowe, Tolbert, Boxley & Johnson, John W. Swinford, Wm. Don Dow, Oklahoma City, Granville Scanland, County Atty., Nathan S. Sherman, Asst. County Atty., Oklahoma City, for defendant in error.

CORN, Justice.

This is an appeal from the judgment of the District Court of Oklahoma County refusing to re-classify the following described land in Oklahoma County, Oklahoma;

'South Half of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter, (S/2 N/2 SW/4 NW/4 NW/4) of Section Twenty-seven, (27) Township Twelve (12) North, Range Four (4) West,'

owned by plaintiff in error, W. E. Fletcher, from C-2 General Commercial to I-2 Light Industrial classification under the zoning regulations of Oklahoma County adopted pursuant to the authority of 19 O.S.1951 § 865.11 et seq. The case began with the application of W. E. Fletcher to the County Planning Commission, and after obtaining the majority vote of that body that said property be rezoned, it was presented to the Board of County Commissioners of said county for approval. Upon hearing before the County Commissioners a majority vote was obtained, two of the three county commissioners voting that the ruling of the Planning Commission be abided by and the zoning regulations on said property be changed from C-2 Commercial to I-2 Light Industrial.

For the purpose of brevity and clarity, W. E. Fletcher will be referred to as plaintiff, and the various individual protestants and the Board of County Commissioners will be referred to as defendants.

The evidence disclosed that plaintiff is engaged in the business of constructing water and sewer pipelines for municipalities and maintains his office and storage for his pipe and equipment on the land involved, which is a tract on the east side of north MacArthur Boulevard at approximately northwest 20th street in Oklahoma County with a frontage on MacArthur Boulevard of 165 feet and a depth of 660 feet. MacArthur Boulevard is a paved north-south through street running from Will Rogers Field on the south, and continuing north to the county line. Plaintiff had purchased said property in June, 1952; that prior to purchasing said property, he made application to the County Planning Commission for zoning for his business; that they zoned it Commercial, said resolution zoning said property being introduced in evidence and dated March 10, 1952, according to said resolution, rezoned the property in controversy herein and other property surrounding said property for single residence to commercial business upon the recommendation of the Oklahoma County Planning Commission, it being immediately necessary for the preservation of peace, health, safety and general welfare of Oklahoma County, Oklahoma, and the inhabitants thereof. Plaintiff procured a permit at the County Planning Board for the building of a two room office building on said property prior to the building of any building on said land on August 5, 1952. One of the defendants had joined with plaintiff to rezone said property from residential to commercial. Photographs of plaintiff's property and property surrounding it were...

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9 cases
  • In re Quiroz
    • United States
    • Supreme Court of Arizona
    • 11 May 2018
    ......Similarly, in Grimm v. Arizona Board of Pardons and Paroles , 115 Ariz. 260, 267, 564 ......
  • Lisher v. Krasselt
    • United States
    • United States State Supreme Court of Idaho
    • 28 July 1975
    ...364 P.2d 549 (1961).8 See, e. g., State v. Board of County Commissioners, 128 Mont. 102, 270 P.2d 994 (1954); Fletcher v. Board of County Commissioners, 285 P.2d 183 (Okl.1955).9 See Baldwin v. Ewing, 69 Idaho 176, 204 P.2d 430 (1949); Richards v. Richards, 24 Idaho 87, 132 P.2d 576 ...
  • Garrett v. Watson
    • United States
    • Supreme Court of Oklahoma
    • 21 July 1959
    ...We see no need to analyze these cases. They are not in point. We have found no case directly in point. In Fletcher v. Board of County Com'rs, Oklahoma County, Okl., 285 P.2d 183, this court considered and determined the issues of an appeal without discussing the right to appeal, and without......
  • Garrett v. City of Oklahoma City
    • United States
    • Supreme Court of Oklahoma
    • 8 May 1979
    ...v. Oklahoma City, 532 P.2d 1383 (Okl.1975); City of Tulsa v. Mobley, 454 P.2d 901 (Okl.1969).8 For example see Fletcher v. Board of County Commissioners, 285 P.2d 183 (Okl.1955); City of Tulsa v. Swanson, 366 P.2d 629 (Okl.1961); City of Tulsa v. Nicholas, 415 P.2d 917 (Okl.1966); City of V......
  • Request a trial to view additional results

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