Section 17.08.080 Appeals from decisions of the zoning board of adjustment.
Appeals from decisions of the zoning board of adjustment may be made in accordance
with
Sections 76-2-327 and 76-2-328, MCA.
A. Any person or persons, jointly or severally, aggrieved
by any decision of the zoning
board of adjustment, any taxpayer, or any officer or department of the municipality, may present
to a court of record a petition, 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 (30) days after the filing of the decision of the zoning board of adjustment.
B. Upon presentation of such petition the court may allow
a writ of certiorari directed to the
zoning board of adjustment to review such decision of the zoning board of adjustment and shall
prescribe therein the time within which a return thereto must be made and served upon the
realtor’ s attorney, which may not be less than ten days and may be extended by the court. The
allowance of the writ shall not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the zoning board of adjustment and on due cause shown, grant a
restraining order.
C. The zoning 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 such writ. The return shall concisely set forth such other fact as
may be pertinent and material to show the grounds of the decision appealed from and shall be
verified.
D. If, upon the hearing, it appears to the court that
testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to take such evidence as it
may direct and report the same to the court with his/her findings of fact and conclusions of law.
Such evidence shall constitute a part of the proceedings upon which the determination of the
court will be made. The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
E. Cost shall not be allowed against the zoning board
of adjustment unless it appears to the
court that it acted with gross negligence, or in bad faith, or with malice in making the decision
appealed from. (Ord. 225 (part), 2003)
