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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1496 By: Tedford
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S.
2021, Section 44-110, which relates to appeals from
the board of adjustment; permi tting certain
municipalities to provide that decisions of the board
are final subject to judicial review or appeal to the
council; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 44 -110, is
amended to read as follo ws:
Section 44-110. A. An appeal from any action, decision,
ruling, judgment or order of the board of adjustment may be taken by
any person or persons who were entitled, pursua nt to Section 44-108
of this title, to mailed notice of the public hearing before the
board of adjustment, by any person or persons whose property
interests are directly affected by such action, decision, ruling,
judgment or order of the board of adjustmen t, or by the governing
body of the municipality to the district court in the c ounty in
which the situs of the municipality is located.
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B. The appeal shall be taken by filing with the municipal clerk
and with the clerk of the board of adjustment, within th e 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. During the pendency of such an appeal, the effectiveness of
a decision of the board of adjustment shall not be suspended unless
a party applies to the district court for a stay pending the
district court's determination of the merits of the appeal. Notice
of such application shall be given by first class mail to all
parties, to the district court appeal and to any applicant before
the board of adjustment. Upon filing of an application for stay in
the district court, all proceedings in furtherance of the action
appealed from shall be temporarily stayed pending the outcome of a
hearing regarding the stay, which shall be conducted within thirty
(30) days of application. The Court shall determine whether to
impose a stay by considering the following factors: (i) the
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likelihood of success on the merits by the party seeking to impose
the stay, (ii) irreparable harm to the property interests of the
party seeking to impose the stay if the stay is not imposed, (iii)
relative effect on the other interested parties, and (iv) public
policy concerns arising out of the imposition of the stay. If the
court determines to impose a stay, the court shall requi re a bond or
other security and such other terms as it deems proper to secure the
rights of the parties and compensate for costs of delay. A bond or
other security shall be posted within ten (10) business days of the
court's determination; provided, that a municipal governing body
shall not be required to post a bond. Subject to subsection A of
Section 990.3 of Title 12 of the Oklahoma Statutes, a stay pursuant
to this subsection shall automatically dissolve after a judgment,
decree or final order resolvi ng the merits of the appeal is filed
with the court clerk. Notwithstanding an y provision of law to the
contrary, stays in appeals from the board of adjustment to the
district court shall be obtained only as set forth in this section.
F. The district cour t 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 th e action of the district court as in all
other civil actions. A party may obtain a stay of the enforcement
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of the district court 's judgment, decree or final order as provided
by Section 990.4 of Title 12 of the Oklahoma Statutes.
G. In any municipality where the council does not serve as the
board, the governing body may, except as otherwise provided by
charter, provide that the decisions of the board on matters within
its jurisdiction are final subject to judicial review or are final
subject to appeal to the council and the right of later judicial
review or are advisory to the council.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10530 MJ 12/20/24