Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (5); SDCL § 50-10-26; SL 2019, ch. 203, § 84.