(a) A permittee aggrieved by a final decision or order of the Board of Appeals or the City Commission may appeal that decision or order to the Calhoun County Circuit Court by filing a petition/appeal within twenty days from the date of that decision or order. If not appealed, orders of the Board and/or City Commission shall be final.
(b) On appeal the Circuit Court shall review the record and final decision or order of the Board of Appeals and/or City Commission to insure that the decision meets all of the following:
(1) Complies with the constitution and laws of this state.
(2) Is based upon proper procedure.
(3) Is supported by competent, material, and substantial evidence on the record.
(4) Represents the reasonable exercise of discretion granted by law to the Board of Appeals and/or City Commission.
(c) If the Circuit Court finds the record of the Board of Appeals and/or City Commission inadequate to make the review required by this section, or that additional evidence exists which is material and with good reason was not presented to the Board of Appeals and/or City Commission, the Court shall order further proceedings before the Board of Appeals and/or City Commission on conditions which the Court considers proper. The Board of Appeals and/or City Commission may modify its findings and decision or order as a result of the new proceedings, or may affirm the original decision. The supplementary record and decision shall be filed with the Court.
(d) As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the Board of Appeals and/or City Commission.
(Ord. 04-2020. Passed 10-6-20.)