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Delmar City Zoning Code

ARTICLE XXXIII

Right of Appeal from Board

§ 10-207 Appeal petition.

Any person, or persons, jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after filing of the decision in the office of the Board.

§ 10-208 Liability for costs.

In the event of an appeal to a court of competent jurisdiction, the appellants shall bear the cost of preparing the necessary documents as required by the court. These charges shall include, but not limited to, the cost of transcribing, preparing and submitting transcript from the minutes of the Board, employees' time involved, and required materials. The statement of these expenses shall be itemized and submitted to the attorney representing the appellant for payment or the appellant. No permits shall be issued by the Code Enforcement Officer unless the Board has been reimbursed for their costs. However, the costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence, in bad faith, or with malice in making its decision.