Empathy List Archives

TN

Teresa Nowlin

Tue, Feb 11, 2020 9:26 PM

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

MR

Michael R. Vanderburg

Tue, Feb 11, 2020 10:01 PM

I agree with the analysis that the land owner (or tenant in possession) is indispensable, but I have not had to litigate the point.

Mike Vanderburg

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Teresa Nowlin
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

I agree with the analysis that the land owner (or tenant in possession) is indispensable, but I have not had to litigate the point. Mike Vanderburg From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Teresa Nowlin Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org Subject: [Oama] Zoning Appeal - Failure to join owner/applicant CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

DD

david davis

Tue, Feb 11, 2020 10:05 PM

I dont have any specific case law on point however in my opinion to proceed without the property owner being made a party would not bind the property owner and would deprive them of the right to be heard in violation of due process. In my opinion your motion to dismiss for failure to name a necessary party should be successful.

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

From: Oama oama-bounces@lists.imla.org on behalf of Teresa Nowlin tnowlin@jenksok.org
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org OAMA@lists.imla.org
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

I have a case where a random citizen has challenged the city’s granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party – I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

I dont have any specific case law on point however in my opinion to proceed without the property owner being made a party would not bind the property owner and would deprive them of the right to be heard in violation of due process. In my opinion your motion to dismiss for failure to name a necessary party should be successful. 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> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Teresa Nowlin <tnowlin@jenksok.org> Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org <OAMA@lists.imla.org> Subject: [Oama] Zoning Appeal - Failure to join owner/applicant I have a case where a random citizen has challenged the city’s granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party – I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

JB

Jeff Bryant

Tue, Feb 11, 2020 10:13 PM

Norman has successfully made this argument before that a random citizen does not have standing to contest a zoning decision, board of adjustment decision, or there deliberative municipal process unless they can show some type of affected property interest.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, February 11, 2020 4:05 PM
To: Teresa Nowlin tnowlin@jenksok.org; OAMA@lists.imla.org
Subject: Re: [Oama] Zoning Appeal - Failure to join owner/applicant

I dont have any specific case law on point however in my opinion to proceed without the property owner being made a party would not bind the property owner and would deprive them of the right to be heard in violation of due process. In my opinion your motion to dismiss for failure to name a necessary party should be successful.

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

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> on behalf of Teresa Nowlin <tnowlin@jenksok.org mailto:tnowlin@jenksok.org>
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney

211 North Elm | P.O Box 2007 | Jenks, OK 74037

918-299-5883 Office

Norman has successfully made this argument before that a random citizen does not have standing to contest a zoning decision, board of adjustment decision, or there deliberative municipal process unless they can show some type of affected property interest. Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis Sent: Tuesday, February 11, 2020 4:05 PM To: Teresa Nowlin <tnowlin@jenksok.org>; OAMA@lists.imla.org Subject: Re: [Oama] Zoning Appeal - Failure to join owner/applicant I dont have any specific case law on point however in my opinion to proceed without the property owner being made a party would not bind the property owner and would deprive them of the right to be heard in violation of due process. In my opinion your motion to dismiss for failure to name a necessary party should be successful. 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> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Teresa Nowlin <tnowlin@jenksok.org<mailto:tnowlin@jenksok.org>> Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: [Oama] Zoning Appeal - Failure to join owner/applicant I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

JM

Jon Miller

Tue, Feb 11, 2020 10:39 PM

See attached. Might be helpful.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
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 Teresa Nowlin
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

See attached. Might be helpful. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 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 Teresa Nowlin Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org Subject: [Oama] Zoning Appeal - Failure to join owner/applicant I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

JM

Jon Miller

Tue, Feb 11, 2020 10:51 PM

I tried to send a motion to dismiss filed in Canadian County, Case No. CV-2018-142. For some reason I received a message that the document was delayed and must be approved by the moderator because of size. You might pull it from OSCN. It has propositions on both issues, and may be helpful.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
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 Teresa Nowlin
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

I tried to send a motion to dismiss filed in Canadian County, Case No. CV-2018-142. For some reason I received a message that the document was delayed and must be approved by the moderator because of size. You might pull it from OSCN. It has propositions on both issues, and may be helpful. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 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 Teresa Nowlin Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org Subject: [Oama] Zoning Appeal - Failure to join owner/applicant I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

RK

Rick Knighton

Tue, Feb 11, 2020 11:01 PM

Not totally on point but may be helpful.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Tuesday, February 11, 2020 4:39 PM
To: Teresa Nowlin tnowlin@jenksok.org; OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Zoning Appeal - Failure to join owner/applicant

See attached. Might be helpful.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
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 Teresa Nowlin
Sent: Tuesday, February 11, 2020 3:26 PM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: [Oama] Zoning Appeal - Failure to join owner/applicant

I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful?

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

Not totally on point but may be helpful. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Tuesday, February 11, 2020 4:39 PM To: Teresa Nowlin <tnowlin@jenksok.org>; OAMA@lists.imla.org Subject: EXTERNAL EMAIL : Re: [Oama] Zoning Appeal - Failure to join owner/applicant See attached. Might be helpful. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 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 Teresa Nowlin Sent: Tuesday, February 11, 2020 3:26 PM To: OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: [Oama] Zoning Appeal - Failure to join owner/applicant I have a case where a random citizen has challenged the city's granting of a zoning change (actually a PUD) in district court. I have filed a motion to dismiss, but also this citizen did not name or serve the property owner/zoning applicant. I think I will also file a motion to dismiss for failure to join an indispensable party - I have found caselaw in other jurisdictions supporting this but none from Oklahoma. Has anyone done one of these or have anything helpful? Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

oama@lists.imla.org

Zoning Appeal - Failure to join owner/applicant