MapLink™ | Procedures | Further Appeals

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Further Appeals
Any person or persons jointly or severally aggrieved by any decision of the Board of Aldermen, or any officer, department, board or bureau of the municipality, may present to the circuit court of the county in which the property affected is located a petition, duly verify, setting forth, that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision by the Board of Aldermen. On the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Aldermen to review such decision. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, and upon notice to the Board of Aldermen, not be required to return the original papers acted upon it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such 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. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her finding of facts and conclusions of law, which constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.