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A. Manner Of Review: The decision of the planning and zoning commission concerning an appeal from an alleged error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title, but not decisions of the commission concerning matters of city planning, may be reviewed by the district court upon appeal taken in the following manner:
1. Any person or persons, jointly or severally aggrieved by any decision of the commission or any taxpayer or any officer, department, board or bureau of the city shall file written notice of appeal with the secretary of the commission within ten (10) days after the decision has been entered on the commission's records, setting forth that the decision is illegal in whole or in part, specifying the grounds of the illegality.
2. Within ten (10) days after filing the notice of appeal with the secretary of the commission, the appellant shall file with the clerk of the district court a transcript consisting of the order, requirement, decision or determination of any administrative official charged with the enforcement of this title, and the commission's decision on the matter, together with a copy of this title and the record of the administrative officer and the commission, covering all their acts in the matter.
3. Upon payment of the necessary fees therefor, the transcripts shall be furnished by the secretary of the commission, and by him/her certified to contain full, true and correct copies of all matters and proceedings required to be included in the transcript. The fees shall be the same as the fees payable to the clerk of the district court on appeal to the supreme court in civil cases.
4. At the time of filing the notice of appeal with the clerk of the district court, the appellant shall execute and file with the clerk of the district court a sufficient bond in a penal sum of two hundred dollars ($200.00), with at least two (2) sureties, to be approved by the judge of the court, conditioned to prosecute the appeal without delay, and if unsuccessful, to pay all costs to which the city is put because of the appeal. The court may order the appellant upon application therefor, to execute and file such additional bond or bonds, as the necessity of the case may require.
5. Within three (3) days after the transcript is filed in the district court, the appellant shall give written notice to the city attorney and to the secretary of the commission that the transcript is filed. The notice shall set a time, not less than three (3) days from the service thereof, for hearing and the district court shall, at that time or at a time fixed by order of the court or judge, hear and determine the appeal.
6. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as it may direct and report to the court. The referee's findings of fact and conclusions of law shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or modify the decision brought up for review.
B. Costs Against Commission; Conditions: Costs shall not be allowed against the commission, unless it appears to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. Any costs allowed by the court against the commission shall be paid by the city. (1960 Compilation § 26-104; amd. Ord. 74-16; Ord. 80-7; Ord. 85-1; Ord. 87-3; Ord. 99-11)
The judgment of the court shall conform, correct, modify or annul the decision appealed from, insofar as it affects the appellant or his property. A certified copy of the judgment of the court shall be filed with the clerk of the commission, and he shall modify and correct the decision in accordance with that judgment. An appeal shall lie to the supreme court from the judgment of the district court, as in other cases. The appeal shall be taken within fifteen (15) days after the date of entry of the judgment in the district court. The record and opening brief of the appellant shall be filed with the supreme court within sixty (60) days after the appeal has been taken by notice as provided in this chapter. The time for filing the record, service and filing of briefs may be extended by order of the district court, or by stipulation of the parties concerned. The supreme court may correct, change, modify, confirm or annul the decision of the administrative officer, the commission or the district court, insofar as it affects the appellant or his property. A certified copy of the order of the supreme court shall be filed with the secretary of the commission, who shall modify and correct the decision of the commission in accordance with that decision. (1960 Compilation § 26-104; amd. Ord. 74-16; Ord. 80-7; Ord. 85-1; Ord. 87-3; Ord. 99-11)