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 the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals 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.
Source: SL 1943, ch 2, §7; SDC Supp 1960, §2.0514 (2), (3); SDCL §50-10-23; SL 2019, ch. 203, §84.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Section 11-14-2 - Delegation of zoning administration and enforcement.
Section 11-14-3 - Board of appeals_Duties.
Section 11-14-4 - Promulgation of rules--Meetings--Witnesses--Record of proceedings.
Section 11-14-5 - Appeals to board--Time for appeal--Procedure.
Section 11-14-6 - Stay of proceedings--Exception--Restraining order.
Section 11-14-7 - Hearing of appeal--Notice of hearing.
Section 11-14-8 - Actions of board--Scope of review.
Section 11-14-9 - Board to decide by majority vote.
Section 11-14-10 - Appeal to circuit court from board of appeals--Petition--Time for petition.
Section 11-14-12 - Jurisdiction of court--Further proceedings by board of appeals.
Section 11-14-13 - Findings of fact as conclusive on court--Objections not urged before board.
Section 11-14-14 - Allowance of costs.
Section 11-14-15 - Court action against violators--Injunction.
Section 11-14-16 - Acquisition of property by purchase, grant, or condemnation.