§ 25-207 Certiorari.
AC § 25-207
a. Petition. Any person or persons, jointly or severally aggrieved by any decision of the board may present to the supreme court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to a justice of the supreme court or at a special term of the supreme court within thirty days after the filing of the decision in the office of the board. b. Order of certiorari. Upon the presentation of such petition, the justice or court may allow an order of certiorari directed to the board to review such decision and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court or a justice thereof. Such order shall be returnable at a special term of the supreme court of the judicial district in which the property affected, or a portion thereof, is situated. The allowance of the order 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. c. Return to order. The board 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 order. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decisions appealed from and must be verified. d. Proceedings upon return. 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 referee to take such evidence as it may direct and report the same to the court with his or her 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. e. Costs. Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. f. Preferences. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.
