An appeal to the district court from any decision, ruling, judgment, or order of the Board of Adjustment may be taken by any person or persons, firm, or corporation, jointly or severally aggrieved thereby, or any department, board, or an official of government, by filing with the City Clerk and the Clerk of the Board of Adjustment within ten days of the date of the filing of the decision of the Board. The notice shall specify the grounds of the appeal. Upon filing of such notice, the Clerk of the Board of Adjustment shall forthwith transmit to the Clerk for the district court the originals or certified copies of all papers constituting the record in such case, altogether with the order, judgment, or decisions of the Board of Adjustment. The cause shall be tried in the district court and the court shall have the power upon due cause being shown, to reverse or affirm, wholly or partly, or modify the decision brought up for review, together with all other powers of the district court in law or in equity. An appeal to the Supreme Court from the decision of the district court shall be allowed as in other cases. An appeal to the district court stays all proceedings in furtherance of the action appealed from unless the Chairperson of the Board certifies to the Court Clerk, after the notice of appeal is filed, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. The proceedings shall not be stayed otherwise than by a restraining order issued by the court upon application or notice of the Chairperson of the Board of Adjustment from which the appeal is taken.
(Prior Code, § 158.034) (Ord. 1544, passed 3-13-2007)