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Session Laws, 1941
Volume 582, Page 343   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 343

verified, setting forth that such decision is illegal, in whole or
in part, specifying the ground of the illegality. Such peti-
tion shall be presented to the court within thirty (30) days
after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow
a writ of certiorari directed to the Board of Zoning Appeals
to review such decision of the Board of Zoning Appeals and
shall prescribe therein the time within which a return there-
to must be made and served upon the relator's attorney, which
shall not be less than ten (10) days and may be extended by
the court. The allowance of the writ shall not stay proceed-
ings upon the decision appealed from, but the court may, on
application, on notice to the board and on due cause shown,
grant a restraining order.

The Board of Zoning Appeals shall not be required to return
the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or of such portions
thereof as may be called for by such writ. The return shall
concisely set forth such other facts as may be pertinent and
material to show the grounds of the decision appealed from
and shall be verified.

If, upon the hearing, it shall appear to the court that testi-
mony is necessary for the proper disposition of the matter, it
may take evidence or appoint a referee to take such evi-
dence as it may direct and report the same to the court with
his findings of fact and conclusions of law, which shall con-
stitute a part of the proceedings upon which the determination
of the court shall be made.

The Court shall have power to affirm the decision of the
Board of Zoning Appeals, or reverse the same, in whole or in
part, and may remand any case for the entering of a proper
order or for further proceedings, as the Court shall determine.

All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings.

The County Commissioners shall keep in a separate book
all rules, regulations and restrictions adopted by them from
time to time under the authority of this Act, and any amend-
ments or supplements thereto, and shall cause copies to be
printed and made available for general distribution. Any such
printed copy, together with any amendments and supplements,
when certified as accurate by the Chief Clerk of the County
Commissioners, shall be deemed prima facie evidence thereof
in any judicial proceedings in the State.

The County Commissioners shall have power to employ or
authorize the employment of such officials, engineers, -ste-
nographers, secretaries or other assistants necessary for the
proper administration of regulations and restrictions adopted
under the authority of this Act; to pay, or provide for the

 

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Session Laws, 1941
Volume 582, Page 343   View pdf image (33K)   << PREVIOUS  NEXT >>


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