259.170. Appeal to circuit court--time for filing--procedure.
Appeal to circuit court--time for filing--procedure.
259.170. 1. Any person adversely affected by an orderentered by the council may appeal from such order to the circuitcourt of Cole County or to the circuit court of any county inwhich the property affected or some portion thereof is located.Notice of appeal must be filed with the council within thirtydays after the entry of the order complained of, or within thirtydays after the entry of the order overruling a motion forrehearing, or within thirty days after sustaining the originalorder in the event a rehearing has been held. The notice ofappeal must identify the order complained of and the grounds forappeal. The appellant shall file a copy of the transcript of thehearing or rehearing before the council as hereinafter provided,and the appellant shall provide the transcript at his expense.The transcript shall be delivered to the appellant, or hisdesignated attorney, within sixty days after the filing of thenotice of appeal.
2. Within ninety days after the filing of the notice ofappeal, the appellant must file in the circuit court thetranscript of the proceedings before the council, together with apetition for review which states briefly the grounds for theappeal. An appeal shall be perfected by filing the notice ofappeal within the specified thirty day period. The appeal may bedismissed by the circuit court for failure of the appellant tofile the transcript and petition for review within the timespecified, unless for good cause shown the time is extended byorder of the circuit court.
3. At the time of filing of the notice of appeal, if anapplication for the suspension of the order is filed, the councilshall enter an order fixing the amount of the supersedeas bond.Within ten days after the entry of an order by the council whichfixes the amount of the bond, the appellant must file with thecouncil a supersedeas bond in the required amount and with propersurety; upon approval of the bond, the council shall suspend theorder complained of until its final disposition upon appeal. Thebond shall run in favor of the state for the use and benefit ofany person who may suffer damage by reason of the suspension ofthe order in the event the same is affirmed by the circuit court.If the order of the council is not superseded, it shall continuein force and effect as if no appeal was pending.
4. The circuit court shall, insofar as is practicable, giveprecedence to appeals from orders of the council. Upon theappeal of such an order the circuit court shall review theproceedings before the council as disclosed by the transcriptupon appeal, and thereafter enter its judgment affirming orreversing the order appealed. Orders of the council shall besustained if the council has regularly pursued its authority andits findings and conclusions are sustained by the law and bysubstantial and credible evidence.
(L. 1965 2d Ex. Sess. p. 917 § 17)