§ 11-52-81 — Board of Adjustment - Appeals to Circuit Court from Final Decision of Board of Adjustment

(a) Any party aggrieved by any final decision of a board of zoning adjustment may appeal the final decision of the board by filing an appeal in the circuit court in the county where the board convenes. The aggrieved party shall first file a written notice of appeal with the board within 15 days after the final decision, specifying the decision from which the appeal is taken. Thereafter, the aggrieved party must file the appeal with the proper circuit court within 45 days after the final decision of the board and shall also serve the board with the appeal at the office of the city clerk. After an appeal has been filed in the circuit court, the board shall submit to the circuit court a certified copy of the minutes of the meeting of the board regarding the appealed case along with copies of any documents submitted to the board during the meeting concerning the appealed case. Minutes and other documents shall be submitted within 45 days after the board is served with the appeal, unless extended by order of the court. The action in the circuit court shall be tried de novo. If the appellant requests a certified written transcript of the proceedings, he or she will be responsible for paying the cost of the transcript.
(b) The decision of the board shall remain in effect during the pendency of the appeal unless the circuit court grants a stay. In determining whether to grant a stay, the circuit court shall consider the appellant’s likelihood of success on the merits, whether there may be irreparable injury absent a stay, whether the stay will substantially injure any party to the proceeding, and whether a stay is in the public’s interest.

Legislative History

(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §783; Act 2025-331, §1.)