Tahlequah Daily Press

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July 11, 2012

Judge tapped for B&B case

By JOSH NEWTON Staff Writer

TAHLEQUAH — A new judge has been assigned to oversee a civil issue between Tahlequah property owners over establishment of a bed-and-breakfast operation.

Court records show Special District Judge Sandy Crosslin will handle a petition filed by Jack Reese and several other city homeowners against Cordelia Dixon, who has tried for several years to open a bed-and-breakfast facility on Garner Avenue.

Associate District Judge Mark Dobbins last month recused himself from the case, and said he knows all parties involved in the action.

More than a dozen property owners are asking a judge to grant a temporary restraining order – and ultimately a permanent injunction – against Dixon’s plans to operate a B&B facility on Garner Avenue.

They, through attorney Tim Baker, argue that a protective covenant signed by the property owners of that neighborhood prevents businesses from moving in.

The protective covenant in question has reportedly been in place since the 1960s.

Dixon’s attorney, Jim Cosby, filed a response to the request, saying that the city of Tahlequah issued Dixon an exception to the zoning laws, which will allow her to operate a business in that neighborhood.

Dixon also asks the court to decide that the restrictive covenant in question is not enforceable, and hasn’t been adhered to in the past, making it invalid. Dixon asks for the petition to be dismissed.

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