Tahlequah Daily Press

Local News

September 24, 2012

Restraining order issued in B&B case

TAHLEQUAH — A judge last week granted a temporary restraining order while litigation is pending among a group of Tahlequah property owners and the owner of a bed-and-breakfast operation.

Local resident Jack Reese and a dozen other property owners in a neighborhood near Garner Avenue, off of West Fourth Street, filed a request for the temporary order last June.

Homeowners said they ultimately want the court to place a permanent injunction against Cordelia Dixon’s bed-and-breakfast facility on Garner.

An order filed Thursday by Wagoner Judge Douglas Kirkley shows he considered the exhibits and reviewed the law before issuing the temporary restraining order against Dixon’s B&B.

Property owners opposed to Dixon’s bed-and-breakfast operation in their neighborhood argue a restrictive covenant in places since the 1960s prohibits the operation.

Kirkley found in their favor, saying violation of the covenant constitutes “irreparable harm.”

“Even though there may be other variances in the neighborhood (which is disputed), this court does not have evidence that the variance procedure written in the restrictive covenant wasn’t followed by others,” Kirkley’s order reads. “[Dixon’s] property is subject to the restrictive covenant which prevents a residence to be used as a business.”

Kirkley was assigned to the case in late August after Special District Judge Sandy Crosslin filed a recusal. Crosslin had been assigned to the case in July after Associate District Judge Mark Dobbins recused himself.

An order was also filed last week allowing Violisa Russell, one of the plaintiffs in the case against Dixon, to dismiss her claim with prejudice. Russell requested the dismissal of her claim, the order shows.

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