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Injunction sought against zoning ordinance by property owner outside city limits

DD
david davis
Tue, Jun 9, 2020 4:17 PM

I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits.  Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit.  Any help will be appreciated.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits. Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit. Any help will be appreciated. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com>
JM
Jon Miller
Tue, Jun 9, 2020 4:53 PM

David,

Here are a few cases I had on who is an aggrieved party for purposes of zoning appeal.  Might relate to effort to enjoin.  I would think there would be an argument that adjacent owner failed to exhaust remedies by failing to appeal from zoning decision.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 938-9108


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, June 9, 2020 11:18 AM
To: oama@lists.imla.org
Subject: [Oama] Injunction sought against zoning ordinance by property owner outside city limits

I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits.  Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit.  Any help will be appreciated.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

David, Here are a few cases I had on who is an aggrieved party for purposes of zoning appeal. Might relate to effort to enjoin. I would think there would be an argument that adjacent owner failed to exhaust remedies by failing to appeal from zoning decision. Jonathan E. Miller City Attorney City of Mustang P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. From: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis Sent: Tuesday, June 9, 2020 11:18 AM To: oama@lists.imla.org Subject: [Oama] Injunction sought against zoning ordinance by property owner outside city limits I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits. Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit. Any help will be appreciated. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com>
TN
Teresa Nowlin
Tue, Jun 9, 2020 5:01 PM

These should have some case law on aggrieved party (though pretty general b/c it was a MTD) and on failure to join property owner.

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Tuesday, June 9, 2020 11:53 AM
To: david davis ddavislaw@live.com; oama@lists.imla.org
Subject: Re: [Oama] Injunction sought against zoning ordinance by property owner outside city limits

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
David,

Here are a few cases I had on who is an aggrieved party for purposes of zoning appeal.  Might relate to effort to enjoin.  I would think there would be an argument that adjacent owner failed to exhaust remedies by failing to appeal from zoning decision.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 938-9108


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, June 9, 2020 11:18 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Injunction sought against zoning ordinance by property owner outside city limits

I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits.  Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit.  Any help will be appreciated.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

These should have some case law on aggrieved party (though pretty general b/c it was a MTD) and on failure to join property owner. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Tuesday, June 9, 2020 11:53 AM To: david davis <ddavislaw@live.com>; oama@lists.imla.org Subject: Re: [Oama] Injunction sought against zoning ordinance by property owner outside city limits [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. David, Here are a few cases I had on who is an aggrieved party for purposes of zoning appeal. Might relate to effort to enjoin. I would think there would be an argument that adjacent owner failed to exhaust remedies by failing to appeal from zoning decision. Jonathan E. Miller City Attorney City of Mustang P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of david davis Sent: Tuesday, June 9, 2020 11:18 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Injunction sought against zoning ordinance by property owner outside city limits I am looking for cases that deal with standing to seek injunction against zoning ordinance filed by property owner within 300 feet but outside city limits. Also cases that deal with failure to name owner of property being rezoned as party to injunctive lawsuit. Any help will be appreciated. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com>