72-10-411 - Appeals to district courts -- Procedure -- Findings, judgment, and costs -- Regulations invalid as to one structure or parcel of land. - Utah Statutes

72-10-411. Appeals to district courts -- Procedure -- Findings, judgment, and costs-- Regulations invalid as to one structure or parcel of land.
(1) (a) Any person aggrieved, or taxpayer affected, by any decision of a board ofadjustment, or any governing body of a political subdivision or any joint airport zoning board,which is of the opinion that a decision of a board of adjustment is illegal, may present to thedistrict court a verified petition setting forth that the decision is illegal, in whole or in part, andspecifying the grounds of the illegality.
(b) The petition shall be presented to the court within 30 days after the decision is filed inthe office of the board.
(2) (a) Upon presentation of the petition the court may allow a writ of certiorari directedto the board of adjustment to review the decision of the board.
(b) The allowance of the writ may 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 arestraining order.
(3) (a) The board of adjustment may not be required to return the original papers actedupon by it, but it shall be sufficient to return certified or sworn copies of the papers or of anyportions as may be called for by the writ.
(b) The return shall concisely set forth any other facts as may be pertinent and material toshow the grounds of the decision appealed from and shall be verified.
(4) (a) The court shall have exclusive jurisdiction to affirm, modify, or set aside thedecision brought up for review, in whole or in part, and if necessary, to order further proceedingsby the board of adjustment.
(b) The findings of fact of the board shall be considered by the court unless an objectionshall have been urged before the board, or, if it was not so urged, unless there were reasonablegrounds for failure to do so.
(5) Costs may not be allowed against the board of adjustment unless it appears to thecourt that it acted with gross negligence, in bad faith, or with malice, in making the decisionappealed from.
(6) In any case in which airport zoning regulations adopted under this part, althoughgenerally reasonable, are held by a court to interfere with the use or enjoyment of a particularstructure or parcel of land to an extent, or to be so onerous in their application to a structure orparcel of land, as to constitute a taking or deprivation of that property in violation of theConstitution of this state or the Constitution of the United States, the holding shall not affect theapplication of the regulations to other structures and parcels of land.

Renumbered and Amended by Chapter 270, 1998 General Session