§ 45-49A-63.194 — Appeals from Board Decisions

Alabama § 45-49A-63.194

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49A: Mobile County Municipalities
• Art. 6: Mobile
• Part 4: Policemen’s and Firemen’s Pension and Relief System
• Subpart 10: Miscellaneous Provisions

Text

(a) Within 10 days after any final decision of the board, the city or any person aggrieved at the decision of the board may appeal the decision to the Circuit Court of Mobile County by filing a notice and request for an appeal with the clerk of the circuit court and serving notice of the appeal upon any member of the board. The appeal shall be heard at the earliest possible date by a judge sitting without a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond shall be required for such an appeal.
(b) The circuit court appeal shall not constitute a proceeding de novo; instead, the court shall review the board’s decision using the same standard of review the court uses in deciding common law writs of certiorari.
(c) An appeal may be taken from any decision of the circuit court to the court of appeals or the Supreme Court of Alabama as now provided by law, under the same standard of review applicable to the trial court.

Legislative History

(Act 97-689, p. 1379, §11(10.05).