- Ada, Oklahoma

January 29, 2013

Judge sets schedule order in zoning issue

Art Lawler Staff Writer
The Ada News

Ada —  

District Court Judge Tommy Landrith met briefly with attorneys in district court Monday morning to establish a schedule order for Nathan Dial’s civil suit against the Pontotoc County Commissioners in the ongoing feud concerning proposed zoning changes that would include Dial’s land.

  The judge ruled that all motions must be Feb. 15, and a preliminary list of witnesses and exhibits must be exchanged  by the parties by Feb. 21. The pre-trial conference date must be filed with the Secretary-Bailiff on the Calendar by Feb 25 by 11 a.m.

 There’s good reason for both sides to believe this is a trial that won’t happen. 

 County Commissioners  Randy Floyd and Justin Roberts have signaled they’ll vote in favor of the zoning change at a Feb. 4, commissioners meeting. District 2 Commissioner Gary Starns says he will continue to oppose the change.

In the past, former Commissioner Danny Davis has sided with Starns on the three-member panel to prevent the zoning change from occurring. Assuming it passes at the Feb. 4 meeting, Dial has indicated they’ll drop the suit against the county.

For now, the assumption of a trail continues to go forward.

The Ada landowner wants the commissioners to accept Planning and Zoning recommendations to rezone 2.45 acres of the 20 he purchased to C-2, or commercial use. Dial wants to put in a business in which he would repair cars and buses.

Conflicting philosophical views have kept the various entities fighting over the zoning change for almost two years.

Those in favor of keeping the A-2 designation say they purchased their property in this area based on the zoning laws that were in effect. They now want the commissioners to enforce the zoning ordinance to protect their property values against Dial, or anyone  else, wanting to turn that area of land into a business designated area.

 Dial says he had no idea the land was zoned when he bought it a couple of years ago, and that, anyway, a resident ought to be able to put what he wants on his own land, so long as it doesn’t reflect negatively on those property values.