The bill amends Section 11-52-81 of the Code of Alabama 1975, concerning the appeal process for final decisions made by municipal zoning boards of adjustment. The amendment introduces a new procedure for aggrieved parties to appeal to the circuit court. Previously, an aggrieved party had 15 days to file a notice of appeal with the board, and the board was responsible for certifying a transcript of the proceedings to the court for a de novo trial. The new language requires the aggrieved party to file a written notice of appeal with the board within 15 days of the final decision, specifying the decision being appealed. Subsequently, the party must file the appeal with the circuit court within 30 days of the board's final decision and serve the board at the office of the city clerk. The board is then required to submit a certified copy of the meeting minutes and related documents to the circuit court within 45 days, unless an extension is granted by the court. The trial in the circuit court will be de novo, meaning it will be a new trial that does not consider the previous decision of the board.

Additionally, the bill specifies that the board's decision remains in effect during the appeal unless the circuit court issues a stay. The court, when deciding whether to grant a stay, will consider the likelihood of the appellant's success on the merits, the potential for irreparable injury without a stay, the impact of the stay on other parties, and whether the stay serves the public interest. The act is set to become effective on July 1, 2024.

Statutes affected:
Introduced: 11-52-81
Engrossed: 11-52-81