A development application is a big first step in bringing your project into reality. Whether you are an investor, property owner, or other party seeking approval, getting a denial is extremely frustrating. You may be wondering what you can do about it. Many applications are denied for technical violations or missing information. The process can be confusing, but with the help of an experienced attorney, you can seek a different decision for your development application.
At Prado Law Offices, our Oklahoma City attorneys can help you deal with the denial of a development application. We examine why it was denied and what steps could change the equation in your favor. Schedule a consultation so we can learn about your unique situation.
Why Oklahoma City Development Applications Get Denied
The City might choose to deny your application for different reasons. These might include:
- Conflicts with zoning district rules
- Incompatible land-use considering the surrounding properties
- Concerns about infrastructure and utility access
- Worries about traffic or public safety
- Issues about the environmental impact of the project
- Missing documents in your submission
- Accidental errors in the application
Once you know why your application was denied, you can get to work with your attorney to fix the problem.
Your Right to Appeal
If Oklahoma City denies your development application, you generally have the right to appeal. The appeal process typically involves:
Administrative Appeal
If your application was denied, you may be able to appeal to the Oklahoma City Board of Adjustment. They can determine whether the denial was appropriate and render a decision.
City Council Review
Depending on the circumstances City Council may have the final say. You could request reconsideration or even present the case at a public hearing.
Judicial Review
If the other options also result in a denial of your application, you can file a lawsuit in court. This challenges the denial. The court will look to see if the denial was warranted, or if someone acted arbitrarily or unlawfully in denying your application.
Your Constitutional and Property Rights
Local ordinances provide a number of protections and restrictions. However, constitutional law also gives you many protections:
- The right to due process
- The right to notice and an opportunity to be heard
- The right to equal protection and non-discrimination
- The right against a taking of your property under the Fifth Amendment, if the denial makes your property not economically viable
While these rights exist, they are rarely easy to enforce. Governments can be powerful, so you need an attorney at your side that has fought this battle before and knows how to protect your rights.
Why Legal Guidance Matters
Navigating Oklahoma City’s development approval process requires more than just filling out forms. It involves understanding zoning codes, procedural rules, and constitutional principles. A denial does not necessarily mean the end of your project. With the right strategy, you may secure approval through appeal, negotiation, or litigation.
Legal counsel can help you:
- Interpret zoning ordinances and identify compliance issues.
- Prepare persuasive arguments for appeals or hearings.
- Protect your property rights in court if necessary.
- Develop alternative strategies to achieve your development goals.
Challenge a Denied Application with the Right Legal Help
While a denial can be very frustrating, it isn’t the end of the road for your project. Local ordinances and state laws help you pursue a different result. Often, getting an experienced attorney involved helps show you’re serious and reveals the problems that led to the denial. It can also help fight back against other pressures, or wrongful denials unrelated to a legitimate reason.
Our team at Prado Law Offices can assist you with your development needs. We offer comprehensive services that best fit your requirements. Contact us today for a consultation.