Alabama Code 45-41-260.14. Appeals
Terms Used In Alabama Code 45-41-260.14
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: includes both real and personal property. See Alabama Code 1-1-1
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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 Lee County Commission, one member being the county planning director, one member being the county public works director, two members who are experts in related fields of planning, and one public member. This review board may require that the planning commission reconsider its earlier decision. If such 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, within 30 days thereafter, may appeal therefrom to 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, within 30 days thereafter, may 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 an 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.