(A) Certiorari to review decision of Board. Any person aggrieved by any decision of the Board of Zoning Appeals, or any aggrieved taxpayer or any officer, department, board, or bureau of the town may present to the Circuit Court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of a decision in the office of the Board.
(B) Parties aggrieved entitled to writ. Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the Board and shall prescribe the time within which a return must be made and served upon the relator’s attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from; but the court may, on application, on notice to the Board, and on due cause shown, grant a restraining order.
(C) Other parties to suit. If the petition is presented by the Town Council, the Council shall be party to the suit. The court may, likewise, admit as a party to the suit any person who, if the decision had been adverse, would have been authorized under this division (C) to present a petition in the first instance.
(D) Board to make return. The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies of the papers or of such portions of the papers as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(E) Costs not allowed. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted in bad faith or with malice in making the decision appealed from.
(1998 Code, § 2-282) (Ord. O-2023-15, passed 9-19-2023)