The Oklahoma Bar Journal November 2022

Providing an opportunity to promote intergovern mental cooperation with

school districts, utilities and neighboring jurisdictions.

There are some very basic legal standards to consider when advising a planning commission, governing body or private client. One of the most important is that the Oklahoma Supreme Court has consistently held that unless a zoning decision of a municipality is found not to have a substantial relation to the public health, safety, morals or general welfare or to constitute an unreasonable, arbi trary exercise of the police power, its judgments will not be over turned by the district court. 13 Also, courts may not substitute their judgment for that of the municipal legislative body. 14 The court’s duty will be to determine whether the restriction on the use of the prop erty is a reasonable exercise of power under the zoning statute. 15 When the validity of a legislative classification for zoning purposes is fairly debatable, legislative judg ments must be allowed to stand. 16 In representing public bodies, the best way to explain to elected and appointed officials how to evaluate planning and zoning

NOVEMBER 2022 | 11

THE OKLAHOMA BAR JOURNAL

Made with FlippingBook Digital Proposal Maker