(A) Right to appeal. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department or board of the City to the County District Court.
(B) Filing notice of appeal. The appeal shall be taken by filing a notice of appeal with the City Clerk and with the Secretary of the Board of Adjustment, within ten days of the decision or order of the Board of Adjustment. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.
(C) Records provided to Court Clerk. 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) Appeal tried in District Court. The appeal shall be heard and tried de nova in the District Court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
(E) Stay of proceedings. 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 pursuant to 11 O.S. § 44-110. 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 30 days of application.
(F) Actions of court. 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.
(Prior Code, § 11-3-10) (Ord. 2018-11, passed 3-20-2018)