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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 11. CITIES AND TOWNS

  § 11-44-110. Appeals from the board of adjustment.  

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  • A.  An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the municipality to the district court in the county in which the situs of the municipality is located.

    B.  The appeal shall be taken by filing with the municipal clerk and with the clerk of the board of adjustment, within the time limits which may be fixed by ordinance, a notice of appeal.  The notice shall specify the grounds for the appeal.  No bond or deposit for costs shall be required for such appeal.

    C.  Upon filing the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board.

    D.  The appeal shall be heard and tried de novo in the district court.  All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

    E.  An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman of the board, from which the appeal is taken, certifies to the court clerk, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property.  In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance, and upon notice to the chairman of the board from which the appeal is taken, and upon due cause being shown.

    F.  The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review.  Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from.  An appeal shall lie from the action of the district court as in all other civil actions.

Laws 1977, c. 256, § 44-110, eff. July 1, 1978.