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ENGROSSED HOUSE
BILL NO. 1496 By: Hall and Tedford of the
House
and
Guthrie of the Senate
An Act relating to cities and towns; amending 11 O.S.
2021, Section 44-110, which relates to appeals from
the board of adjustment; permitting 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 1 1 O.S. 2021, Section 44 -110, is
amended to read as follows:
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, pursuant 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 adjustment, or by the governing
body of the municipality to the district court in the county 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 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 f or such appeal.
C. Upon filing the notice of appeal, the board of adjustment
shall forthwith transmit to th e 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 proceedi ngs under this section shall have
preference over all other civil actions and proceedings.
E. During the pendency of such an appeal, the effectiven ess of
a decision of the board of adjustment shall not be suspended unless
a party applies to the district c ourt 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 f iling of an application for stay in
the district court, all proceedings in furtherance of the action
appealed from shall be temporarily stayed pendi ng the outcome of a
hearing regarding the stay, which shall be conducted within thirty
(30) days of applicat ion. 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 impo se 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 im position of the stay. If the
court determines to impose a stay, the court shall require 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 resolving the merits of the a ppeal is filed
with the court clerk. Notwithstanding any 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 court may reverse or affir m, wholly or partly,
or modify the decision brought up for review. Costs shall not be
allowed against the board of adjustment unless it shall appea r 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. 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 Titl e 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 pr ovided by
charter, provide that the decisions of the board on matters within
its jurisdiction are final subj ect 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.
Passed the House of Representatives th e 12th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate