28-34 Local Governing Body Decision Appeal
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<![CDATA[CHAPTER 28-34LOCAL GOVERNING BODY DECISION APPEAL28-34-01. Appeals from local governing bodies - Procedures. This section, to theextent that it is not inconsistent with procedural rules adopted by the North Dakota supreme<br>court, governs any appeal provided by statute from the decision of a local governing body, except<br>those court reviews provided under sections 2-04-11 and 40-51.2-15. For the purposes of this<br>section, "local governing body" includes any officer, board, commission, resource or conservation<br>district, or other political subdivision. Each appeal is governed by the following procedure:1.The notice of appeal must be filed with the clerk of the court within thirty days after<br>the decision of the local governing body. A copy of the notice of appeal must be<br>served on the local governing body in the manner provided by rule 4 of the North<br>Dakota Rules of Civil Procedure.2.The appellee shall prepare and file a single copy of the record on appeal with the<br>court. Within thirty days, or such longer time as the court by order may direct, after<br>the notice of appeal has been filed in the court, and after the deposit by the appellant<br>of the estimated cost of a transcript of the evidence, the local governing body shall<br>prepare and file in the office of the clerk of the court in which the appeal is pending<br>the original or a certified copy of the entire proceedings before the local governing<br>body, or such abstract of the record as may be agreed upon and stipulated by the<br>parties, including the pleadings, notices, transcripts of all testimony taken, exhibits,<br>reports or memoranda, exceptions or objections, briefs, findings of fact, proposed<br>findings of fact submitted to the local governing body, and the decision of the local<br>governing body in the proceedings.If the notice of appeal specifies that noexception or objection is made to the local governing body's findings of fact, and that<br>the appeal is concerned only with the local governing body's conclusions based on<br>the facts found by it, the evidence submitted at the hearing before the local<br>governing body must be omitted from the record filed in the court. The court may<br>permit amendments or additions to the record to complete the record.3.If the court determines on its own motion or if an application for leave to adduce<br>additional evidence is made to the court in which an appeal from a determination<br>from a local governing body is pending, and it is shown to the satisfaction of the<br>court that such additional evidence is material and that there are reasonable<br>grounds for the failure to adduce such evidence in the hearing or proceeding had<br>before the local governing body, or that such evidence is material to the issues<br>involved and was rejected or excluded by the local governing body, the court may<br>order that such additional evidence be taken, heard, and considered by the local<br>governing body on such terms and conditions as the court may determine. After<br>considering the additional evidence, the local governing body may amend or modify<br>its decision and shall file with the court a transcript of the additional evidence<br>together with its new or modified decision, if any.Page No. 1Document Outlinechapter 28-34 local governing body decision appeal]]>