Small town (Statutory Town Board of Trustees) has received a request to re-zone property within the Town Limits. Town ordinances create a Planning Commission which by ordinance is appointed the Zoning Commission of the Town with all the powers of a Zoning Commission. The Town cannot find anyone willing to serve on the Planning/Zoning Commission. Title 11 O.S. § 43-109 (Title 11 O.S. § 43-101 et seq. - Building and Zoning) provides in part: "In order to avail itself of the powers conferred by this article, the municipal governing body shall appoint a commission to be known as the zoning commission..." Can the Board of Trustees act as the zoning commission to re-zone property or must the process go through a zoning commission first as it appears is required by statute? Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D870FC.02065AB0] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.