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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9337
Experience:  attorney at self
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I live in a neighborhood where most residents paid extra

Customer Question

I live in a neighborhood where most residents paid extra when they bought their homes to backup to what we consider an easement. We were told it was wetlands and could never be built on. The easement was recently sold to a developer.After much protest from residents, the Bixby Oklahoma City Council denied a preliminary plat for the subdivision that was to be built on this easement. The developer threated to sue the city based on Kelly v. City of Bethany 1978.The City is now bringing the plat back up for vote so they can approve it because of the law suit threat. How can we can fight the city to make sure this plat isn't approved? Are there cases similar to Kelly v. City of Bethany where the city won?
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Atty replied 1 year ago.

Thank you for your question.

Can you find the wetland on the inventory linked from

Does the developer have a 404 permit?

Are there any endangered species living in the wetland?

Customer: replied 1 year ago.
It is not a wetland any more. They changed it years ago before we even bought the houses. It was deception in part of the builders. We have lawsuits against them. Currently we are just trying to stop the city council from allowing them to build the development as we have extremely small backyards because we thought we had over 100 feet of the easement to use.There are no endangered species.
Customer: replied 1 year ago.
Also the "easement" isn't really an easement. Our builders told us to use it like we own it. Many of the builders installed sprinkler systems into it and sodded it for us. Perhaps there is an angle with that making it an easement? We don't know.
Customer: replied 1 year ago.
We've been meticulously caring for about 115' or the land for about 7 years.
Expert:  N Cal Atty replied 1 year ago.

It sounds like the developers committed fraud. You might try having your lawyer tell their lawyers that if the developers do not buy that parcel and dedicate it as an easement for the people in your development, they they will add claims for fraud to the existing lawsuit.

Or are you ready suing them for fraud?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Our immediate need is to get the city Council to reject the plat.
Expert:  N Cal Atty replied 1 year ago.

The Kelly case gives the City Council discretion to reject the plat.

"A solution to this paradoxical problem may be found in the provision of the Bethany ordinance requiring reasons to be given for disapproval of a plat. Council did not follow this directive and the trial court issued the peremptory writ against the mayor commanding him to deliver reasons for refusal to appellants. Once these reasons are made known, the trial court's task will be simplified. If reasons state Bethany does not wish to accept the dedications shown on the plat then the decision to deny approval is discretionary and not susceptible to mandamus. Further if it is shown Council's refusal is based on non-compliance with ordinances, this too is within Council's discretion".

You can petition or lobby the Council not to accept the plat because it will raise the costs to the city of maintaining the proposed roads, in addition to creating an overly dense development.

Did the developer post a maintenance bond as required by section 12-12-1 of

Customer: replied 1 year ago.
I will check into the maintenance bond. Is it your understanding that the bond is required before the preliminary plat can be approved by the city council?
Expert:  N Cal Atty replied 1 year ago.

Yes that is my understanding.


No streets, storm water system, water distribution system, wastewater system or other public improvements shall be accepted for ownership or maintenance by the city until the contractor has furnished:

A. Individual maintenance bonds covering one hundred percent (100%) of the construction costs of the improvement for a period of two (2) years from the date of acceptance by the city;