Any person claiming to be aggrieved by any act of the commission in administering this act, or any regulations promulgated pursuant thereto, may as to any matter concerning plats, subdivisions and lot-splits, both as to land situated in the corporate limits of the municipality and as to land situated in the unincorporated area of the county, appeal directly to the district court of the county and the district courts of said counties are hereby expressly vested with jurisdiction to hear and determine said appeals. On appeal, said matter shall be tried de novo. Such appeal shall be taken by the parties claiming to be aggrieved by filing with the secretary of the metropolitan area planning commission within ten (10) days after the action appealed from, a notice of appeal which shall state the grounds of such appeal. No bond or deposits for costs shall be required for such appeal. Upon the filing of the notice of appeal, it shall be the duty of the commission to transmit to the court clerk of the county, the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling appealed from. An appeal shall lie from the action of the district court as in all other proceedings.
An appeal to the district court from the commission stays all proceedings in furtherance of the action appealed from unless the chairman of the commission certifies to the court clerk after the notice of appeal shall have been filed that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the order, decision or ruling appealed from, and upon notice to the commission, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.
Costs shall not be allowed against the commission unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
All issues in any proceedings under this section shall have the same preferences over all other civil actions and proceedings as is provided for appeals from boards of adjustment by Section 44-110 of this title.
There shall be no right of appeal from any act of the commission in its advisory capacity to the council and board or from any of its acts which are subject to review, repeal or modification by said governing bodies.
Added by Laws 1955, p. 173, § 23, emerg. eff. June 3, 1955. Amended by Laws 1980, c. 54, § 5, eff. Oct. 1, 1980.