MapLink™ | Procedures | Appeals from decisions of Board of Appeals

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Appeals from decisions of Board of Appeals
Appeals from decisions of Board of Appeals.
A. Any party aggrieved by a decision of the Board of Appeals may appeal to the Circuit Court. As provided by law, the Circuit Court shall review the record in the case and the decision of the Board of Appeals for the purpose of ensuring that the decision complies with all of the following requirements:
(1) That it complies with the Constitution and laws of the state.
(2) That it is based upon proper procedures.
(3) That it is supported by competent, material and substantial evidence on the record of the Board of Appeals.
(4) That it represents the reasonable exercise of discretion as granted by law to the Board of Appeals.
B. If, as provided by law, the Circuit Court finds the record inadequate to accomplish the required review, or if the court determines that additional material exists that with good reason was not presented, the Circuit Court is authorized by law to order further Township proceedings in the matter. In such further proceedings, the Board of Appeals may modify its findings and decision, or the Board may affirm its original decision. The record and decision in such further proceedings shall be filed with the Circuit Court. As provided by law, the court may affirm, reverse or modify the decision of the Board of Appeals.
C. An appeal from a decision of the Board of Appeals shall be filed within 30 days after the date on which the Board of Appeals issues its decision, in writing, signed by the Chairperson, or within 21 days after the Board of Appeals approves the minutes of the meeting at which its decision was taken.

See Zoning Board of Appeals for more information on this board