2006 Code of Virginia § 15.2-2314 - Certiorari to review decision of board

15.2-2314. Certiorari to review decision of board.

Any person or persons jointly or severally aggrieved by any decision of theboard of zoning appeals, or any aggrieved taxpayer or any officer,department, board or bureau of the locality, may file with the clerk of thecircuit court for the county or city a petition specifying the grounds onwhich aggrieved within 30 days after the final decision of the board.

Upon the presentation of such petition, the court shall allow a writ ofcertiorari to review the decision of the board of zoning appeals and shallprescribe therein the time within which a return thereto must be made andserved upon the relator's attorney, which shall not be less than 10 days andmay be extended by the court. The allowance of the writ shall not stayproceedings upon the decision appealed from, but the court may, onapplication, on notice to the board and on due cause shown, grant arestraining order.

The board of zoning appeals shall not be required to return the originalpapers acted upon by it but it shall be sufficient to return certified orsworn copies thereof or of the portions thereof as may be called for by thewrit. The return shall concisely set forth such other facts as may bepertinent and material to show the grounds of the decision appealed from andshall be verified.

If, upon the hearing, it shall appear to the court that testimony isnecessary for the proper disposition of the matter, it may take evidence orappoint a commissioner to take evidence as it may direct and report theevidence to the court with his findings of fact and conclusions of law, whichshall constitute a part of the proceedings upon which the determination ofthe court shall be made. The court may reverse or affirm, wholly or partly,or may modify the decision brought up for review.

In the case of an appeal from the board of zoning appeals to the circuitcourt of an order, requirement, decision or determination of a zoningadministrator or other administrative officer in the administration orenforcement of any ordinance or provision of state law, or any modificationof zoning requirements pursuant to 15.2-2286, the findings and conclusionsof the board of zoning appeals on questions of fact shall be presumed to becorrect. The appealing party may rebut that presumption by proving by apreponderance of the evidence, including the record before the board ofzoning appeals, that the board of zoning appeals erred in its decision. Anyparty may introduce evidence in the proceedings in the court. The court shallhear any arguments on questions of law de novo.

In the case of an appeal by a person of any decision of the board of zoningappeals that denied or granted an application for a variance, or applicationfor a special exception, the decision of the board of zoning appeals shall bepresumed to be correct. The petitioner may rebut that presumption by showingto the satisfaction of the court that the board of zoning appeals appliederroneous principles of law, or where the discretion of the board of zoningappeals is involved, the decision of the board of zoning appeals was plainlywrong and in violation of the purpose and intent of the zoning ordinance.

Costs shall not be allowed against the board, unless it shall appear to thecourt that it acted in bad faith or with malice in making the decisionappealed from. In the event the decision of the board is affirmed and thecourt finds that the appeal was frivolous, the court may order the person orpersons who requested the issuance of the writ of certiorari to pay the costsincurred in making the return of the record pursuant to the writ ofcertiorari. If the petition is withdrawn subsequent to the filing of thereturn, the board may request that the court hear the matter on the questionof whether the appeal was frivolous.

(Code 1950, 15-834 through 15-839, 15-850, 15-958.11; 1950, p. 176; 1962,c. 407, 15.1-497; 1975, c. 641; 1988, c. 856; 1994, c. 705; 1996, c. 450;1997, c. 587; 2001, c. 422; 2003, c. 568; 2005, cc. 625, 677; 2006, c. 446.)

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