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TERRY v. BISHOP

No. 102,284.

158 P.3d 1067 (2007)

2007 OK 29

Patricia TERRY, Jodi D. Iles, James Michael Iles, Susan Conner Fraka, Rick Reynolds, Ed Lunderblade, Marilyn Lunderblade, Beth A. Tiefenaaer, Ronald G. Tiefenaaer, and Tim Laird, Plaintiffs/Appellants, v. Sherry BISHOP, City Clerk; and City of Owasso, Oklahoma, a municipal corporation, Defendants/Appellees, and Four Points Development Company, LLC, Intervenor/Appellee.

Supreme Court of Oklahoma.

May 8, 2007.

Attorney(s) appearing for the Case

Louis Levy, Tulsa, OK, for Plaintiffs/Appellants.

Roy D. Johnson, Janie H. Van Valkenburgh, Tulsa, OK, for Defendants/Appellees.

Charles E. Norman, David R. Ross, Tulsa, OK, for Intervenors.

KAUGER, J.

¶ 1 The determinative issue presented is whether the initiative petition to rezone previously zoned property is legally sufficient to be submitted to the electorate.1 We hold that the petition is legally insufficient because it seeks to unconstitutionally bind the City from exercising its legislative power to rezone.

STIPULATED FACTS2

¶ 2 On July 7, 2004, an application...

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