West Virginia Code 8A-5-10 – Appeal process
(a) An appeal may be made by an aggrieved person from any decision or ruling of the planning commission to:
Terms Used In West Virginia Code 8A-5-10
- aggrieved person: means a person who:
(1) Is denied by the planning commission, board of subdivision and land development appeals, or the board of zoning appeals, in whole or in part, the relief sought in any application or appeal. See West Virginia Code 8A-1-2
- 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.
- Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- 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.
- Land development: means the development of one or more lots, tracts or parcels of land by any means and for any purpose, but does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources. See West Virginia Code 8A-1-2
- Planning commission: means a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission or a joint planning commission. See West Virginia Code 8A-1-2
(1) The circuit court, pursuant to the provisions of article nine of this chapter; or
(2) A board of subdivision and land development appeals, if the governing body has established a board of subdivision and land development appeals by ordinance.
(b) Within thirty days after the date of the denial, the petition, specifying the grounds of the appeal in writing, must be filed with:
(1) The circuit court of the county in which the affected land or the major portion of the affected land is located; or
(2) The board of subdivision and land development appeals that has jurisdiction over the affected land.