The bill amends Section 11-52-81 of the Code of Alabama 1975, specifically addressing the process for appealing final decisions made by municipal zoning boards of adjustment. Key changes include the insertion of new language that clarifies the appeal process: an aggrieved party must file a written notice of appeal with the board within 15 days of the final decision and subsequently file the appeal with the appropriate circuit court within 30 days. The board is required to submit a certified copy of the meeting minutes and any relevant documents to the circuit court within 45 days of being served with the appeal, unless an extension is granted by the court. The action in the circuit court will be tried de novo.

Additionally, the bill introduces a provision stating that the board's decision will remain in effect during the appeal process unless the circuit court grants a stay. In deciding whether to grant a stay, the court will consider factors such as the likelihood of the appellant's success, potential irreparable injury, the impact on other parties, and the public interest. The bill is set to take effect on July 1, 2024.

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