(1) If the owner of any lands within the district desires, he may appeal from any decision of the supervisors to the state board. To establish such an appeal, he must submit his appeal in writing to the state board within thirty days after the date of the action of the supervisors from which the appeal was taken. The notice of appeal shall state the particular part of the decision of the supervisors from which an appeal is being taken, if less than the entire decision is being appealed from, and shall state in simple and concise language the reasons why the owner considers the decision to be improper.
Within twenty days following the receipt of such written appeal, the state board shallnotify, in writing by registered mail, the person making such appeal and the local board of supervisors of the time and place it will hear the appeal. Such hearings shall be held not less than ten days nor more than a period spanning two consecutive meetings of the state board following the mailing of the notice.
At the time and place set forth in the written notice for such meeting, the state boardshall hear any persons in interest who desire to be heard in favor of or against the order as finally entered by the supervisors and shall make its decision thereon, which shall be entered in the minutes of the state board.
and (5) Repealed.
(6) No action shall lie in any court of law to set aside or alter the final decision of the state board unless the petitioner or plaintiff therein alleges and shows to the court that the supervisors, in the rules or decision complained of, were guilty of gross carelessness or abuse of discretion, nor shall any action be maintained in such behalf unless the petitioner or plaintiff therein alleges and shows to the court that he has exhausted all rights of appeal provided in this section.
Source: L. 37: p. 1184, § 10. CSA: C. 149A, § 10. L. 41: p. 700, § 1. L. 45: p. 634, § 6. CRS 53: § 128-1-10. C.R.S. 1963: § 128-1-10. L. 82: (1) to (3) amended and (4) and (5) repealed, pp. 532, 537, §§ 9, 15, effective January 1, 1983.