South Dakota Codified Laws 11-4-26. Writ of certiorari to review decision of board–Time of return–Restraining order to stay proceedings
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Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment 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.
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.
Terms Used In South Dakota Codified Laws 11-4-26
- 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 1927, ch 176, § 7; SDC 1939, § 45.2608.