§ 11-67-144 — Appeal and Review

Alabama § 11-67-144

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 67: Abatement of Weeds
• Art. 7: Abatement of Grass and Weeds in Certain Class 5 Municipalities

Text

(a) Any person aggrieved by the decision of the administrative official at the hearing, within 10 days, may appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the clerk of the municipality and the appeal shall be docketed in the court and shall be a preferred case therein. The clerk of the municipality, upon receiving the notice, shall file with the clerk of the court a copy of the record, findings and determination of the administrative official in its proceedings. Any trials shall be held without jury upon the determination of the administrative official that the weeds are a public nuisance.
(b) The circuit court shall not itself hear or accept any further evidence with respect to those issues made the basis of the appeal. The review shall be conducted by the court without a jury and shall be confined to the record. The findings of the administrative official, if supported by substantial evidence, shall be conclusive on appeal. If upon appeal the court finds that the ruling appealed from is unlawful within the meaning of this article, it shall have the power to vacate or modify the same.

Legislative History

(Act 2021-138, §5.)