Originally Posted by
DKG
Checked the status of this litigation on the OSCN. It looks like the district court entered a judgment on the MSJ in favor of the Defendant/Developer/OKC on 1/12/2017. The Plaintiff/Obstructionists filed an appeal shortly thereafter. The last entry made on OSCN for the appeal is dated 4/17/2017, assigning the case to the to the Court of Civil Appeals. No indications of anything happening since that time. The motions filed at the appeal level make for some interesting reading.
Was there a reason the developer didn't just acquiesce and file a new PUD that cures the alleged defects in the lawsuit? Concerns about it not being approved a second time around? It sounds like the main issues center around whether proper notice was given, including whether notice was properly given to the City of Nichols Hills (which subsequently passed a resolution waiving notice). Even if the developer ends up victorious in court, I have to wonder if re-filing would have been quicker and more cost effective than the litigation route.
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