Vermont Statutes Title 24 Sec. 5006
Terms Used In Vermont Statutes Title 24 Sec. 5006
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the board established or designated as the housing board of review. See
- Enforcing officer: means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- sworn: shall include affirmed. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 5006. Court review
(a) Any person, including the enforcing officer, aggrieved by any decision of the board, may appeal to the Superior Court. The appeal shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted on by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(b) If upon the hearing it appears 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 appealed from. (Added 1969, No. 270 (Adj. Sess.); amended 1971, No. 185 (Adj. Sess.), § 206, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)