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Title VII CITIES, TOWNS AND VILLAGES

Chapter 89

previous next Effective - 28 Aug 1997bottom

  89.110.  Board of adjustment — decisions subject to review — procedure. — Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, any neighborhood organization as defined in section 32.105 representing such person or persons or any officer, department, board or bureau of the municipality, may present to the circuit court of the county or city in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.  Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.  Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court.  The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.  The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ.  The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.  If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made.  The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.  Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.  All issues in any proceedings under sections 89.080 to 89.110 shall have preference over all other civil actions and proceedings.

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(RSMo 1939 § 7418, A.L. 1997 S.B. 112)

Prior revision: 1929 § 7265

(1965) This section was not meant to change the nature of the hearing from one of review to one de novo on the merits, but was intended only to allow further evidence that touches upon the procedural legality of the hearings before the board. State v. Ladue Professional Building, Inc. (A.), 395 S.W.2d 316.

(1974) Held that filing of a petition for a writ of certiorari within 30 days met requirement of "presented to the court".  State ex rel. Monsey Feager/Rouse-Waites v. McGuire (A.), 510 S.W.2d 449.


---- end of effective   28 Aug 1997 ----

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