"[I]t is our opinion that the better rule and the one followed in a number of jurisdictions, is that [a purchase of property with knowledge, actual or presumed, of zoning restrictions] does not prohibit the granting of a variance."
How later courts described this case
- "[I]t is our opinion that the better rule and the one followed in a number of jurisdictions, is that [a purchase of property with knowledge, actual or presumed, of zoning restrictions] does not prohibit the granting of a variance."
- holder of option to lease, contingent upon obtaining approval of variance, had sufficient standing to apply for a variance in his own name
Written by the judges who cited it.
The opinion
DAVISON, Justice
(dissenting).
I dissent to that part of the majority •opinion sustaining a variance for the reason that in my view the facts do not meet the necessary requirements for a variance as •set forth in the case of Application of Shadid, 205 Okl. 462 , 238 P.2d 794 .
I am authorized to state that JACKSON, ■C. J., and McINERNEY, J., concur in the ■dissenting view hereinabove set forth.