State Codes and Statutes
Statutes > Missouri > T07 > C089 > 89_110Board of adjustment--decisions subject to review--procedure.
89.110. Any person or persons jointly or severally aggrieved by anydecision of the board of adjustment, any neighborhood organization asdefined in section 32.105, RSMo, representing such person or persons or anyofficer, department, board or bureau of the municipality, may present tothe circuit court of the county or city in which the property affected islocated a petition, duly verified, setting forth that such decision isillegal, in whole or in part, specifying the grounds of the illegality.Such petition shall be presented to the court within thirty days after thefiling of the decision in the office of the board. Upon the presentationof such petition the court may allow a writ of certiorari directed to theboard of adjustment to review such decision of the board of adjustment andshall prescribe therein the time within which a return thereto must be madeand served upon the relator's attorney, which shall not be less than tendays and may be extended by the court. The allowance of the writ shall notstay proceedings upon the decision appealed from, but the court may, onapplication, on notice to the board and on due cause shown, grant arestraining order. The board of adjustment shall not be required to returnthe original papers acted upon by it, but it shall be sufficient to returncertified or sworn copies thereof or of such portions thereof as may becalled for by such writ. The return shall concisely set forth such otherfacts as may be pertinent and material to show the grounds of the decisionappealed from and shall be verified. If, upon the hearing, it shall appearto the court that testimony is necessary for the proper disposition of thematter, it may take additional evidence or appoint a referee to take suchevidence as it may direct and report the same to the court with hisfindings of fact and conclusions of law, which shall constitute a part ofthe proceedings upon which a determination of the court shall be made. Thecourt may reverse or affirm, wholly or partly, or may modify the decisionbrought up for review. Costs shall not be allowed against the board unlessit shall appear to the court that it acted with gross negligence, or in badfaith, or with malice in making the decision appealed from. All issues inany proceedings under sections 89.080 to 89.110 shall have preference overall other civil actions and proceedings.
(RSMo 1939 § 7418, A.L. 1997 S.B. 112)Prior revision: 1929 § 7265
