Section 50-10-23 - Certiorari to board of appeals--Writ as not staying proceedings--Grant of restrainingorder--Return to writ. - South-dakota Statutes

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50-10-23. Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ. Upon presentation of a petition pursuant to § 50-10-22, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals 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 of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3).

State Codes and Statutes

Statutes > South-dakota > Title-50 > Chapter-10 > Statute-50-10-23

50-10-23. Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ. Upon presentation of a petition pursuant to § 50-10-22, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals 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 of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3).

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Statutes > South-dakota > Title-50 > Chapter-10 > Statute-50-10-23

50-10-23. Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ. Upon presentation of a petition pursuant to § 50-10-22, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals 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 of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3).