Okla. Stat. tit. 11, § 11-44-110

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.

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. 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

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 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,

Oklahoma Statutes - Title 11. Cities and Towns Page 491

decree or final order resolving the merits of the appeal 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 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. A party may obtain a stay of the enforcement

of the district court's judgment, decree or final order as provided

by Section 990.4 of Title 12 of the Oklahoma Statutes.