497.230 - Right of aggrieved person or taxpayer to petition court for review of administrative decision.
497.230 Right of aggrieved person or taxpayer to petition court for review of administrative decision.
1. Any person aggrieved or taxpayer affected by any decision of a board of adjustment, or any governing body of a political subdivision, or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the district court a verified petition setting forth that the decision is illegal, 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 decision is filed in the office of the board.
2. Upon presentation of the petition the court may allow a writ of certiorari directed to the board of adjustment to review the 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.
3. The board of adjustment 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.
[22:205:1947; 1943 NCL § 5064.22]