Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 1314
Judicial review of Board of Adjustment decisions; procedure
# (a)
Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.
# (b)
Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court.
# (c)
The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.
# (d)
The Board of Adjustment 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 reviewed and shall be verified.
# (e)
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 together with its 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.
# (f)
The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
# (g)
Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.
Amendment history
55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59
Source: view the official text
In this title (40 sections)
- 9-1167 · Creation of departments and agencies
- 9-1168 · Vesting of slum clearance and housing authorities’ powers in…
- 9-1169 · Initial council meeting
- 9-1181 · Bonding of officers and employees
- 9-1182 · Personal financial interest
- 9-1183 · Prohibitions and penalties
- 9-1184 · Public right of inspection of public records
- 9-1301 · Functions
- 9-1302 · Definitions
- 9-1303 · Planning Board
- 9-1304 · Functions of Planning Board
- 9-1305 · Adoption and effectuation of comprehensive plan
- 9-1306 · Legal effect of subdivision regulations
- 9-1307 · Planned street lines and public parks; official map
- 9-1308 · Legal effect of official map or street plan
- 9-1309 · Presumption of approval
- 9-1310 · Legal effects of previously established road locations and…
- 9-1311 · Board of Adjustment
- 9-1312 · Regulations governing organization, procedure and jurisdiction…
- 9-1313 · Jurisdiction of Board of Adjustment
- 9-1314 · Judicial review of Board of Adjustment decisions; procedure
- 9-1315 · Board of License Inspection and Review
- 9-1316 · Board of Building Standards
- 9-1317 · Board of Assessment Review
- 9-1318 · Functions of Board of Assessment Review
- 9-1319 · Appointment and duties of additional Board members and referees
- 9-1320 · Judicial review
- 9-1321 · General provisions relating to assessment
- 9-1322 · Assessment of property
- 9-1323 · Obligations and rights of property owners
- 9-1331 · County police; powers and duties
- 9-1332 · Functions
- 9-1333 · Other police prohibited
- 9-1334 · County responsibility for fire protection and ambulance and…
- 9-1335 · Fire prevention outside of incorporated towns
- 9-1336 · Establishment of school crossing guard unit for New Castle…
- 9-1337 · Duties; compensation; uniform
- 9-1338 · Coordination with school boards
- 9-1339 · Levy and collection of tax
- 9-1341 · Functions