State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-34

§ 63‑34.  Judicialreview.

(a)        Any personaggrieved by any decision of the board of appeals, or any taxpayer, or anyofficer, department, board, or bureau of the political subdivision, may presentto the superior court a verified petition setting forth that the decision isillegal, in whole or in part, and specifying the grounds of the illegality.Such petition shall be presented to the court within 30 days after the decisionis filed in the office of the board. Such petition shall comply with theprovisions of G.S. 160A‑393.

(b)        The allowance ofthe writ shall not stay proceedings upon the decision appealed from, but thecourt may, on application, on notice to the board and on due cause shown, granta restraining order.

(c)        The board ofappeals shall not be required to return the original papers acted upon by it,but it shall be sufficient to return certified or sworn copies thereof or ofsuch portions thereof as may be called for by the writ. The return shallconcisely set forth such other facts as may be pertinent and material to showthe grounds of the decision appealed from and shall be verified.

(d)        Repealed by SessionLaws 2009‑421, s. 3, effective January 1, 2010.

(e)        Costs shall not beallowed against the board of appeals unless it appears to the court that itacted with gross negligence, in bad faith, or with malice, in making thedecision appealed from.  (1941, c. 250, s. 6; 2009‑421, s. 3.)