South Dakota Codified Laws 11-4-25. Petition to court contesting decision of board
Any person or persons, jointly or severally, or any officer, department, board, or bureau of the municipality, aggrieved by any decision of the board of adjustment may present to a court of record a petition for writ of certiorari, 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. The board of adjustment shall respond to the petition within thirty days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.
A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board from which the decision was appealed.
Terms Used In South Dakota Codified Laws 11-4-25
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608; SL 2016, ch 71, § 9; SL 2021, ch 55, § 11.