§ 45-58-260.14 — Appeals

Alabama § 45-58-260.14

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 26: Zoning and Planning
• Part 1: Planning Commission

Text

Any party aggrieved by any final judgment or decision of the commission, within 15 days, may request a review of the record by a five member review board appointed by the county commission, one member being the county planning director, one the county public works director, two experts in related fields of planning, and one other member. This review board is empowered to require that the planning commission reconsider its earlier decision. If reconsideration is ordered, the planning commission may reconsider the previous record and any additional material which the planning commission considers relevant. If upon reconsideration by the planning commission, any party remains aggrieved by any final judgment of the planning commission, any party may within 30 days thereafter appeal therefrom to the circuit court as provided below. If no review by the five member review board is requested by any party aggrieved by any final judgment or decision of the commission, or reconsideration is not granted by the five member review board, then the aggrieved party may within 30 days thereafter appeal therefrom. The appeal shall specify the judgment or decision from which the appeal is taken and shall rest upon the contention that the zoning regulations or subdivision regulations in question are unreasonable, discriminatory, unconstitutional, or otherwise invalid, and the appeal shall be filed with and addressed to the circuit court having jurisdiction within the county where the affected property of the aggrieved party is located. In case of such appeal, the commission shall cause a transcript of the proceedings in the case to be certified to the court to which the appeal is taken.

Legislative History

(Act 82–693, 2nd Sp. Sess., p. 144, § 15; Act 82–771, 2nd Sp. Sess., p. 262, § 15; Act 84–454, p. 1062, § 1; Act 89–673, p. 1336, § 1.)