Oklahoma Court of Civil Appeals | February 16, 2022
Decisions
MCCLEARY v. CITY OF BROKEN ARROW BD. OF ADJUSTMENT
2022 OK CIV APP 2, 118994
Decided 12/17/2021
ΒΆ1 Defendant/Appellant, City of Broken Arrow Board of Adjustment (Board), appeals from an order reversing its denial of a variance sought by Plaintiff/Appellee, Lois McCleary, to allow her to store her recreational vehicle (RV) in her driveway in violation of a Broken Arrow zoning ordinance. The Board denied the variance. Following an appeal to the District Court for Tulsa County, the trial court determined the RV was a commercial vehicle and therefore not subject to the restrictions in the ordinance. The trial court also granted the variance. For the reasons set forth below, we reverse the judgment of the trial court.