A. Procedure: An appeal from any action, ruling decision, judgment, or order of the board of adjustment may be taken by any person or persons aggrieved, or any taxpayer or officer, department, board, or bureau of the city to the district court, by filing with the city clerk and with the secretary of the board within ten (10) days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, the city clerk shall transmit to the court clerk of the county the original or certified copies of all the papers constituting the record in the case, together with the order, decision, or ruling of the board. Said case shall be heard and tried de novo in the district court of Creek County, Oklahoma. An appeal shall lie from the action of the district court as in all other civil actions. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice, in making the decision being appealed.
B. Stay Of Proceedings: An appeal to the district court stays all proceedings in furtherance of the action appealed unless the chairman of the board certifies to the court clerk, after notice shall have been filed, that by reasons of fact stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the district court. (Ord. 165, 12-6-1983)