Section 11-14-9 – Board to decide by majority vote.
11-14-9. Board to decide by majority vote. The concurring vote of a majority of the members of the board of appeals shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under […]
Section 11-14-10 – Appeal to circuit court from board of appeals–Petition–Time for petition.
11-14-10. Appeal to circuit court from board of appeals–Petition–Time for petition. Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the circuit court a verified petition setting forth that the decision is illegal, in whole or […]
Section 11-14-11 – Certiorari to board of appeals–Writ as not staying proceedings–Grant of restraining order–Return to writ.
11-14-11. Certiorari to board of appeals–Writ as not staying proceedings–Grant of restraining order–Return to writ. Upon presentation of a petition pursuant to §11-14-10, 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 […]
Section 11-14-12 – Jurisdiction of court–Further proceedings by board of appeals.
11-14-12. Jurisdiction of court–Further proceedings by board of appeals. The circuit court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review pursuant to §11-14-11, in whole or in part, and if need be, to order further proceedings by the board of appeals. Source: SL 1943, ch 2, §7; […]
Section 11-14-13 – Findings of fact as conclusive on court–Objections not urged before board.
11-14-13. Findings of fact as conclusive on court–Objections not urged before board. The findings of fact by the board of appeals, if supported by substantial evidence, shall be accepted by the circuit court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objections shall have […]
Section 11-14-14 – Allowance of costs.
11-14-14. Allowance of costs. Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from. Source: SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (5); SDCL §50-10-26; SL 2019, ch. […]
Section 11-14-15 – Court action against violators–Injunction.
11-14-15. Court action against violators–Injunction. In addition, either the political subdivision within which the property is located or the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of chapter 50-10, or of airport zoning regulations adopted under chapter 50-10, or of any order or […]
Section 11-14-16 – Acquisition of property by purchase, grant, or condemnation.
11-14-16. Acquisition of property by purchase, grant, or condemnation. In any case in which: (1)It is desired to remove, lower, or otherwise terminate a nonconforming use; (2)The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10; or (3)It appears advisable that […]
Section 11-14-5 – Appeals to board–Time for appeal–Procedure.
11-14-5. Appeals to board–Time for appeal–Procedure. Appeals to the board established pursuant to §11-14-3 may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules […]
Section 11-14-6 – Stay of proceedings–Exception–Restraining order.
11-14-6. Stay of proceedings–Exception–Restraining order. An appeal pursuant to §11-14-3 shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a […]