Supreme Court of Oklahoma February 18, 2003, No. 96,668 (Eaton Enterprises to Vacate Northwest 20th Street Between Western Avenue & Classen Boulevard in Oklahoma City v. Eaton Enterprises)

HODGES, J.

¶ 1 The issue presented for this Court’s review is whether the decision in the case of State ex rel. Burk v. Oklahoma City, 1973 OK 134, 522 P.2d 612 (Burk I), controls the present case. Because the facts and issues presented in this appeal differ from those previously presented, Burk I is not controlling in the present case.

I.