South Dakota Codified Laws 11-14-11. Certiorari to board of appeals–Writ as not staying proceedings–Grant of restrainingorder–Return to writ
Upon presentation of a petition pursuant to § 11-14-10, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. 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. The board of 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 the 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.
Terms Used In South Dakota Codified Laws 11-14-11
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3); SDCL § 50-10-23; SL 2019, ch. 203, § 84.