(A) Filing notice of appeal.
(1) An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the town to the District Court by filing a notice of appeal with the town’s Clerk-Treasurer and with the Clerk of the Board of Adjustment within 60 days from the filing of the decision of the Board, which notice shall specify the grounds of such appeal.
(2) Upon filing of the notice of appeal as herein provided, the said Board shall transmit forthwith to the Court Clerk of the county the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the Board.
(B) Stay of proceedings.
(1) An appeal to the District Court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Chairperson of the Board of Adjustment, from which the appeal is taken, certified to the Court Clerk, after the notice of appeal shall have been filed, that by reason of the facts stated in the certificate a stay, in his or her opinion, would cause imminent peril to life or property.
(2) In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the District Court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the Chairperson of the Board of Adjustment from which the appeal is taken and upon due cause being shown.
(C) Court decision. The court may reverse, or affirm, wholly or partly, or modify the decision brought up for review.
(Prior Code, § 10-2-6) (Ord. 2009-3, passed 5-15-2009)