Home/Supreme Court of Oklahoma/City of Tulsa v. Nicholas

City of Tulsa v. Nicholas

1966 OK 117, 415 P.2d 917
CourtSupreme Court of Oklahoma
DecidedJune 21, 1966
Docket41109
StatusPublished
Cited by13 cases

This text of 1966 OK 117 (City of Tulsa v. Nicholas) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Tulsa v. Nicholas, 1966 OK 117, 415 P.2d 917 (Okla. 1966).

Opinions

BLACKBIRD, Justice:

This appeal involves the efforts of the defendants in error, who own real estate in the Sheridan Heights Addition of the City of Tulsa, to relieve said property from operation of one of said City’s zoning ordinances restricting use of lots in-said Addition, and its vicinity, to “UlC”r or single family residential, use.

The property owned jointly by the defendants in error, Richards and McGill, consists of a single family brick veneer dwelling and lot on the northwest corner of Fourth Place and Sheridan Road, legally described as Lot 18 in Block Five of said Addition. The property, jointly owned by the defendant in error, Nicholas, and his wife, Nevóla, consists of the same type of residence and lot on the northwest corner of Fourth Street and Sheridan Road, together with an adjoining vacant lot fronting on Fourth Street, whose legal description is Lots 16 and 17 of said Addition’s Block One.

The plans of Richards and McGill for the use of their lot envision removal of the house thereon and the construction of an automobile filling, or service, station on said site. Such use is a permitted one as-ió lots having classification referred torn Tulsa’s zoning ordinance as the “U3C”,. or “Special Service District”, classification, Nicholas, a practicing physician, wants to move his medical office into the house-on his and his wife’s property, after altering the house so that it will face Sheridan* Road, and to provide a place on the vacant lot, adjoining it, for his patients to park their automobiles.

The total area, in which such professional and commercial uses is forbidden by the zoning ordinance involved, extends-several blocks, both east and west of Sheridan Road, in the area between Admiral Boulevard and Eleventh Street. It was-encompassed in a plan of development evolved by the Tulsa Metropolitan Area Planning Commission in 1957, known as-the “Sheridan Plan.” It was to put this-plan into effect that Tulsa’s Board of City Commissioners thereafter enacted the zoning ordinance involved herein, upon the recommendation of said Planning Commission, hereinafter referred to by the initials “TMAPC.” A narrow portion of' the area nearest to Sheridan Road is depicted on the following plat, which, though. [920]*920not strictly accurate in all respects, indicates the location of the two subject parcels of realty, in relation to some other physical characteristics of the area.

[919]*919

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City of Tulsa v. Nicholas
1966 OK 117 (Supreme Court of Oklahoma, 1966)

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Bluebook (online)
1966 OK 117, 415 P.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-tulsa-v-nicholas-okla-1966.