89.100. Board of adjustment--appeals, procedure.
Board of adjustment--appeals, procedure.
89.100. Appeals to the board of adjustment may be taken by any personaggrieved, by any neighborhood organization as defined in section 32.105,RSMo, representing such person, or by any officer, department, board orbureau of the municipality affected by any decision of the administrativeofficer. Such appeal shall be taken within a reasonable time, as providedby the rules of the board, by filing with the officer from whom the appealis taken and with the board of adjustment a notice of appeal specifying thegrounds thereof. The officer from whom the appeal is taken shall forthwithtransmit to the board all the papers constituting the record upon which theaction appealed from was taken. An appeal stays all proceedings infurtherance of the action appealed from, unless the officer from whom theappeal is taken certifies to the board of adjustment after the notice ofappeal shall have been filed with him that by reason of facts stated in thecertificate a stay would, in his opinion, cause immediate peril to life orproperty. In such case proceedings shall not be stayed otherwise than by arestraining order which may be granted by the board of adjustment or by acourt of record on application or notice to the officer from whom theappeal is taken and on due cause shown. The board of adjustment shall fixa reasonable time for the hearing of the appeal, give public noticethereof, as well as due notice to the parties in interest, and decide thesame within a reasonable time. Upon the hearing any party may appear inperson or by agent or by attorney.
(RSMo 1939 § 7418, A.L. 1997 S.B. 112)Prior revision: 1929 § 7265