§ 156.223 APPEAL.
   (A)   Department decision. Any final decision of the Plat Committee or the Department may be appealed to the Commission. The notice of final decision shall contain the date of mailing thereon. The appeal may be initiated by the applicant or any property owner affected by the final decision. The appeal shall be directed to the Commission and shall be filed with the Department. The appeal must be made within ten days of the mailing of the final decision to the applicant or property owner, as the case may be. If the expiration of the ten days occurs on a Saturday, Sunday or legal holiday, then the expiration date shall be extended to include the next business day thereafter following.
   (B)   Public hearing. An appeal of a Plat Committee or Department final decision shall be heard by the Commission at a regularly scheduled session or special session of the Commission within 45 days after the filing of an appeal petition with the Department and the Commission shall render its written final decision within 15 days after the hearing. With the consent of the applicant and Commission, the hearing day may be extended.
   (C)   Commission decision. A final decision of the Commission may be appealed to the Circuit Court or Superior Court of the county. The appeal shall be through a petition for writ of certiorari filed with the clerk of the appropriate court within 30 days after the date of the final decision. The petition shall, in all respects, conform with state law.
(Prior Code, § 8-137) (Ord. 1994-02, passed 1-24-1994)