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Texas Local Government Code

§ 211.011 — JUDICIAL REVIEW OF BOARD DECISION

LG § 211.011Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 211. MUNICIPAL ZONING AUTHORITY · Art. A. GENERAL ZONING REGULATIONS

Statute text

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(a)Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(1)a person aggrieved by a decision of the board;
(2)a taxpayer; or
(3)an officer, department, board, or bureau of the municipality.
(b)The petition must be presented within 10 days after the date the decision is filed in the board's office.
(c)On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.

Legislative history

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999.

Source: Texas Local Government Code § 211.011 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.