Okla. Stat. tit. 3, § 3-111
This is the official text of Okla. Stat. tit. 3, § 3-111, part of Oklahoma’s Stat. tit. 3, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 3,." Browse the sections below, each linked to its official government source.
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Judicial review
Official statutory text
(1) Any person aggrieved, or taxpayer affected, by any decision
of a Board of Adjustment, or any governing body of a political
subdivision or any Joint Airport Zoning Board who is of the opinion
that a decision of a Board of Adjustment is illegal, may present to
the district court a verified petition setting forth that the
decision is illegal, in whole or in part, and specifying the grounds
of the illegality. Such petition shall be presented to the court
within thirty (30) days after the decision is filed in the office of
the Board.
(2) Upon presentation of such petition, the court may review
such decision of the Board. The allowance of an appeal shall not
stay proceedings upon the decision appealed from, but the court may,
on application, and with notice to the Board and on due cause shown,
grant a restraining order.
(3) The Board of Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions thereof
as may be called for by the court. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm,
modify, or set aside the decision brought up for review, in whole or
in part, and if need be, to order further proceedings by the Board
of Adjustment. The findings of fact of the Board, if supported by
substantial evidence, shall be accepted by the court as conclusive,
and no objection to a decision of the Board shall be considered by
the court unless such objection shall have been urged before the
Board, or, if it was not so urged, unless there were reasonable
ground for failure to do so.
(5) Costs shall not be allowed against the Board of Adjustment
unless it appears to the court that it acted with gross negligence,
in bad faith, or with malice, in making the decision appealed from.
(6) In any case in which airport zoning regulations adopted
under this act, although generally reasonable, are held by a court
to interfere with the use or enjoyment of a particular structure or
parcel of land to such an extent, or to be so onerous in their
application to such a structure or parcel of land, as to constitute
a taking or deprivation of that property in violation of the
Constitution of this state or the Constitution of the United States,
such holding shall not affect the application of such regulations to
other structures and parcels of land.
of a Board of Adjustment, or any governing body of a political
subdivision or any Joint Airport Zoning Board who is of the opinion
that a decision of a Board of Adjustment is illegal, may present to
the district court a verified petition setting forth that the
decision is illegal, in whole or in part, and specifying the grounds
of the illegality. Such petition shall be presented to the court
within thirty (30) days after the decision is filed in the office of
the Board.
(2) Upon presentation of such petition, the court may review
such decision of the Board. The allowance of an appeal shall not
stay proceedings upon the decision appealed from, but the court may,
on application, and with notice to the Board and on due cause shown,
grant a restraining order.
(3) The Board of Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions thereof
as may be called for by the court. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm,
modify, or set aside the decision brought up for review, in whole or
in part, and if need be, to order further proceedings by the Board
of Adjustment. The findings of fact of the Board, if supported by
substantial evidence, shall be accepted by the court as conclusive,
and no objection to a decision of the Board shall be considered by
the court unless such objection shall have been urged before the
Board, or, if it was not so urged, unless there were reasonable
ground for failure to do so.
(5) Costs shall not be allowed against the Board of Adjustment
unless it appears to the court that it acted with gross negligence,
in bad faith, or with malice, in making the decision appealed from.
(6) In any case in which airport zoning regulations adopted
under this act, although generally reasonable, are held by a court
to interfere with the use or enjoyment of a particular structure or
parcel of land to such an extent, or to be so onerous in their
application to such a structure or parcel of land, as to constitute
a taking or deprivation of that property in violation of the
Constitution of this state or the Constitution of the United States,
such holding shall not affect the application of such regulations to
other structures and parcels of land.
Status: in_force · Read it on the official government site
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