1. Any petitioner aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, the supervisors of the district or districts, the Commission or any intervening party may obtain a review of such order in district court, by filing in such court a petition praying that the order of the board of adjustment be modified or set aside.
2. A copy of such petition shall forthwith be served upon the parties to the hearing before the board of adjustment, and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board of adjustment, including the documents and testimony upon which the order complained of was entered, and the findings, determination and order of the board of adjustment.
3. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the board of adjustment.
4. No contention that has not been urged before the board of adjustment shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances.
5. The findings of the board of adjustment as to the facts, if supported by evidence, shall be conclusive.
6. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board of adjustment, the court may order such additional evidence to be taken before the board of adjustment and to be made a part of the transcript. The board of adjustment may modify its findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and the board of adjustment shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order.
7. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.
[Part 12:212:1937; 1931 NCL § 6870.12] — (NRS A 1973, 762)
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