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 stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.
Source: SL 1943, ch 2, §6; SDC Supp 1960, §2.0513; SL 2010, ch 227, §63; SDCL §50-10-18; 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.