{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-44-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-44-110","heading":"Appeals from the board of adjustment","body":"A. An appeal from any action, decision, ruling, judgment or\n\norder of the board of adjustment may be taken by any person or\n\npersons who were entitled, pursuant to Section 44-108 of this title,\n\nto mailed notice of the public hearing before the board of\n\nadjustment, by any person or persons whose property interests are\n\ndirectly affected by such action, decision, ruling, judgment or\n\norder of the board of adjustment, or by the governing body of the\n\nmunicipality to the district court in the county in which the situs\n\nof the municipality is located.\n\nB. The appeal shall be taken by filing with the municipal clerk\n\nand with the clerk of the board of adjustment, within the time\n\nlimits which may be fixed by ordinance, a notice of appeal. The\n\nnotice shall specify the grounds for the appeal. No bond or deposit\n\nfor costs shall be required for such appeal.\n\nC. Upon filing the notice of appeal, the board of adjustment\n\nshall forthwith transmit to the court clerk the original, or\n\ncertified copies, of all papers constituting the record in the case,\n\ntogether with the order, decision or ruling of the board.\n\nD. The appeal shall be heard and tried de novo in the district\n\ncourt. All issues in any proceedings under this section shall have\n\npreference over all other civil actions and proceedings.\n\nE. During the pendency of such an appeal, the effectiveness of\n\na decision of the board of adjustment shall not be suspended unless\n\na party applies to the district court for a stay pending the\n\ndistrict court's determination of the merits of the appeal. Notice\n\nof such application shall be given by first class mail to all\n\nparties, to the district court appeal and to any applicant before\n\nthe board of adjustment. Upon filing of an application for stay in\n\nthe district court, all proceedings in furtherance of the action\n\nappealed from shall be temporarily stayed pending the outcome of a\n\nhearing regarding the stay, which shall be conducted within thirty\n\n(30) days of application. The Court shall determine whether to\n\nimpose a stay by considering the following factors: (i) the\n\nlikelihood of success on the merits by the party seeking to impose\n\nthe stay, (ii) irreparable harm to the property interests of the\n\nparty seeking to impose the stay if the stay is not imposed, (iii)\n\nrelative effect on the other interested parties, and (iv) public\n\npolicy concerns arising out of the imposition of the stay. If the\n\ncourt determines to impose a stay, the court shall require a bond or\n\nother security and such other terms as it deems proper to secure the\n\nrights of the parties and compensate for costs of delay. A bond or\n\nother security shall be posted within ten (10) business days of the\n\ncourt's determination; provided, that a municipal governing body\n\nshall not be required to post a bond. Subject to subsection A of\n\nSection 990.3 of Title 12 of the Oklahoma Statutes, a stay pursuant\n\nto this subsection shall automatically dissolve after a judgment,\n\ndecree or final order resolving the merits of the appeal is filed\n\nwith the court clerk. Notwithstanding any provision of law to the\n\ncontrary, stays in appeals from the board of adjustment to the\n\ndistrict court shall be obtained only as set forth in this section.\n\nF. The district court may reverse or affirm, wholly or partly,\n\nor modify the decision brought up for review. Costs shall not be\n\nallowed against the board of adjustment unless it shall appear to\n\nthe district court that the board acted with gross negligence or in\n\nbad faith or with malice in making the decision appealed from. An\n\nappeal shall lie from the action of the district court as in all\n\nother civil actions. A party may obtain a stay of the enforcement\n\nof the district court's judgment, decree or final order as provided\n\nby Section 990.4 of Title 12 of the Oklahoma Statutes.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9faf121e013c08a0a648653b6e4b01879cda96f98c7b17a5d004017c1c5c1563","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-44-109","next":"us-ok/okla.-stat.-tit.-11-11-45-101"},"notice":"GroundRules: Original legal text. Not legal advice."}