§ 40-796. Judicial review.

(a)

Any person or persons jointly or severally aggrieved by a decision of the board of zoning adjustments, or any officer, department, commission, board, bureau, district, or any other agency of the parish, may file a petition for a writ of certiorari or other appropriate legal proceedings to review said decision with the Twenty-fourth Judicial District Court in and for the Parish of Jefferson, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition, duly verified by the relator, shall be presented to the court within a maximum time period of thirty (30) days after the filing of the decision in the office of the board. Upon service of the petition for writ of certiorari, the board shall notify the court and the relator of all costs associated with the preparation of the record, including the written transcript of the hearing. Upon receipt of these costs from the relator, the board shall file with the court a certified copy of the proceedings before the board. The return shall concisely set forth all papers, documents, photographs considered by the board, the judgment of the board and reasons therefore, and such other facts as may be pertinent and material to show the grounds of the board's decision.

(b)

Respondent. If the writ of certiorari or review is by an applicant who has been denied a permit or denied a variance, or is otherwise appealing a decision, interpretation or action of denial by the director or the board, the director may be the respondent in the proceedings before the Twenty-fourth Judicial District Court.

If the writ of certiorari or review is by an opponent challenging the granting of a permit, the approval of a variance by the board, or otherwise appealing a decision, interpretation or action of approval by the director or the board, the party receiving the permit or variance may be the respondent in the proceedings before the Twenty-fourth Judicial District Court and the director may be an additional respondent if he is not otherwise joined seeking writ of certiorari or review.

If the writ of certiorari or review is by an applicant who was granted a permit or approval by the director but the actions of the director were reversed, wholly or partly, or the decision or determination of the director was otherwise modified by the board, the opponent, successfully challenging the action before the board, may be a respondent.

Any person or persons or, except as otherwise provided herein, any officer, department, commission, board, bureau, district, or any other agency of the parish who may be jointly or severally affected by judicial review of a decision of the board of zoning adjustments, may be a respondent or may intervene in the proceedings.

The board shall not be named as a respondent or otherwise appear as a party to the litigation or judicial review of any judgment rendered by the board.

(c)

The court shall render a decision from the record of the board unless, following review of the board's record, it shall appear to the court that testimony is necessary for the proper disposition of the matter. The court may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his 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 brought up for review. Costs shall not be assessed against the parish unless it shall appear to the court that the actions of the board constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct, pursuant to La. R.S. 9:2798.1.

(Ord. No. 20783, § 3(XXII(6)), 9-22-99; Ord. No. 21734, § 24, 12-11-02; Ord. No. 22670, § 18, 1-11-06)