# City of Cherokee v. Tatro

> Supreme Court of Oklahoma · November 3, 1981 · 636 P.2d 337

URL: https://www.frixlaw.com/law-library/cases/9613162

## Case

- **Full name:** In the Matter of the CITY OF CHEROKEE, a Municipal Corporation, Appellant, v. Aubrey P. TATRO, Appellee
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 3, 1981
- **Citations:** 636 P.2d 337; 1981 OK 127; 1981 Okla. LEXIS 292
- **Precedential status:** Published
- **Opinion:** Dissent by Simms
- **Judges:** Irwin, Hodges, Har-Grave, Opala, Barnes, Simms, Doo-Lin
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9613162

## How later opinions describe it (automated extraction)

- noting futility of judicial review of city's denial of a variance where underlying ordinance is void on its face

## Opinion text

SIMMS, Justice,
dissenting:
I dissent to that portion of the majority opinion which expands the power of the district court to allow consideration of the constitutionality of a zoning ordinance in a de novo appeal, when that issue could not be entertained by the Board of Adjustment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9613162. Public record. Not legal advice.