11-4-25. Petition to court contesting decision of board.
Any person or persons, jointly or severally, or any officer, department, board, or bureau of the municipality, aggrieved by any decision of the board of adjustment may present to a court of record a petition for writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. The board of adjustment shall respond to the petition within thirty days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.
A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board from which the decision was appealed.
Source: SL 1927, ch 176, §7; SDC 1939, §45.2608; SL 2016, ch 71, §9; SL 2021, ch 55, § 11.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 04 - Municipal Planning And Zoning
Section 11-4-1 - Regulatory powers of municipality.
Section 11-4-1.1 - Definition of terms.
Section 11-4-3 - Comprehensive plan required--Purposes of plan--Factors considered in regulations.
Section 11-4-4 - Notice and hearing of proposed zoning ordinance required.
Section 11-4-4.2 - Conditional use defined.
Section 11-4-4.5 - Special permitted uses--Exceptions.
Section 11-4-4.6 - Conditional use application--Impact on neighboring land.
Section 11-4-6 - Conflict with other regulations--More stringent regulations govern.
Section 11-4-7 - Proceedings by municipal authorities to prevent violation of regulations.
Section 11-4-8 - Changes in regulations--Notice and procedure.
Section 11-4-9 - Requiring consent of landowners to change in zoning ordinance.
Section 11-4-10 - Referendum and protests against changes in zoning ordinance.
Section 11-4-11.1 - Governing body as planning and zoning commission.
Section 11-4-12 - Planning and zoning commission--Hearings and notice--Final recommendation.
Section 11-4-16 - Minutes and records of board of adjustment--Destruction of records.
Section 11-4-17 - Powers of board of adjustment.
Section 11-4-18 - Rules of board of adjustment.
Section 11-4-20 - Stay of proceedings pending appeal--Exceptions.
Section 11-4-21 - Notice and hearing by board of adjustment--Hearing open to public.
Section 11-4-22 - Decisions of board.
Section 11-4-23 - Vote required.
Section 11-4-25 - Petition to court contesting decision of board.
Section 11-4-25.1 - Appeal of grant or denial of conditional use permit.
Section 11-4-25.2 - Expedited determinations.
Section 11-4-27 - Certified copies returned on certiorari--Contents of return.
Section 11-4-28 - Evidence heard by court on certiorari--Referee.
Section 11-4-29 - Disposition by court on certiorari--Costs.
Section 11-4-29.1 - Special permitted use, conditional use, variance--Expiration.
Section 11-4-30 - Cement Plant Commission property zoned as private business.