§ 1017. Appeals to Superior Court
(a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, 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 the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision. The petition shall specify the grounds for review. It shall be presented to the court within 30 days after the decision is filed in the office of the board.
(b) Upon presentation of the petition, the court may review the decision of the board. The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.
(c) The 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 or of portions of copies which may be called for by the court.
(d) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment.
(e) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land. (Added 1985, No. 222 (Adj. Sess.), § 2.)
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