Sec. 68. Judicial review of decisions of board.
1. Any person or persons jointly or severally aggrieved by
any decision of the board of zoning appeals or any taxpayer
or any officer, department, board or bureau of the municipality
may present to the corporation court of the City of
Charlottesville 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 board has rendered its decision.
The date of rendition shall be the date on which the
board, by vote, makes its ruling, and shall not depend on approval,
entry or signing of the board's minutes.
2. Upon the presentation of such petition, the court may
allow a writ of certiorari directed to the board of zoning
appeals to review such decisions of the board of zoning appeals
and shall prescribe therein the time within which a
return thereto must be made and served upon the realtors'
attorney, which shall not be less than ten (10) 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 board and on due
cause shown, grant a restraining order.
3. The board of zoning appeals 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 facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.
4. If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take
such evidence as it may direct and report the same to the
court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
5. Costs shall not be allowed against the board, unless it
shall appear to the court that it acted in bad faith or with
malice in making the decision appealed from.
6. All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings. (2-1758,
§ 33-68; 7-6-59; 6-7-65, § 7.)
