§ 45-35A-51.32 — Court Proceedings

Alabama § 45-35A-51.32

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 35A: Houston County Municipalities
• Art. 5: Dothan
• Part 2: Civil Service System

Text

Orders of the personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction. Any person or city official directly interested, within five days, may appeal to the Circuit Court of Houston County from any order of the board by filing notice thereof with the board, whereupon the board shall certify to a transcript of the proceedings before it and file the same in the court. The findings of fact by the board, duly set forth in the transcript, if supported by substantial evidence adduced before the board, after notice to the interested party or parties and after affording such parties an opportunity to be heard, shall be conclusive on any appeal. The issues on such appeal shall be made up under the directions of the court and within 30 days after such transcript is filed in court; and the trial thereof shall proceed on the evidence contained in such transcript, if it appears that the evidence was taken after such notice and opportunity to be heard. If upon such appeal, the court finds that the ruling, order, or action appealed from is unlawful or unreasonable, within the meaning of this part, it shall have power to vacate or modify the same.

Legislative History

(Acts 1947, No. 273, p. 196, §33.)