Ada landowner drops lawsuit against city

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ADA, OK -- Nathan Dial says he's finally building an auto repair shop on his property.

This, despite the Ada City Council's annexation of his land into the city, which prohibited Dial from building due to zoning regulations.

Dial has decided to drop a lawsuit he filed against the city, and build his business anyway.

"Instead of fighting the city, we're just going to take what the state law says, and go with that," Dial said.

According to Dial, the state law states that property larger than five acres annexed by the city, without a residence within 50 feet, are not subject to city ordinances, provided state law is not violated.

Construction on the shop is already underway and Dial hopes to open in January, but City Attorney, Frank Stout, says he still has to abide by the city ordinance.

"In the city's view that is not a correct interpretation of the statute. We believe the statute does prevent him from operating the business he desires to permit which requires a C-2 zoning, and which his property is not zoned C-2, but A-2 at the present time," Stout said.

Stout says the city will use litigation to prevent Dial from operating his business.

"We never believed that was the appropriate zoning for that location, that's not a commercial area," Stout said.

Dial is involved in another lawsuit with neighboring landowners against the city. Dial says he never wanted the situation to go this far.

"No one ever really wants a legal battle," Dial said. "We've been fighting this for three years. We haven't thrown in the towel or been trying to taunt the city, and say 'come try and shut us down.' We just want to open a shop and be able to run a business down here."

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