West Virginia Code 8A-9-5 – Return to writ
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(a) The return to the writ of certiorari by the planning commission, board of subdivision and land development appeals, or board of zoning appeals must concisely set forth the pertinent facts and data and present material to show the grounds of the decision or order appealed. The return must be verified by the secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals.
Terms Used In West Virginia Code 8A-9-5
- 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
- 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.
- Zoning: means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones. See West Virginia Code 8A-1-2
(b) The planning commission, board of subdivision and land development appeals, or board of zoning appeals does not have to return the original papers acted upon by it. It shall be sufficient to return certified copies of all or such portion of the papers as may be called for by the writ.