Skip to code content (skip section selection)
A. Right Of Appeal; Notice Filed: 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 with the town clerk and with the clerk of the board of adjustment, if there be one, within the time fixed by ordinance, a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal.
B. Records To County: Upon filing of the notice of appeal as herein provided, the board of adjustment shall forthwith transmit to the court clerk of the county the original, or certified copies, of all the papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.
C. Hearing: Said case shall be heard and tried de novo in the district court. An appeal shall lie from the action of the district court in all other civil actions.
D. Stay Of Proceedings: An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. 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 the zoning code, and upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown. The court may reverse or affirm, wholly or partly, or modify the decision brought up for review.
E. Costs Against Board: Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
F. Priority Of Issues: All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. (Ord. 1997-3-1, 3-10-1997)