Decisions Subject To Review. Any person or persons jointly or severally
aggrieved by any decision of the board of adjustment, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons or any officer, department, board or bureau of the
City, may present to the circuit court of the County or City in which
the property affected is located a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specifying
the grounds of the illegality. Such petition shall be presented to
the court within thirty (30) days after the filing of the decision
in the office of the Board. Upon the presentation of such petition,
the court may allow a writ of certiorari directed to the Board of
Adjustment to review such decision of the Board of Adjustment and
shall prescribe therein the time within which a return thereto must
be made and served upon the relator's attorney, which shall not be
less than ten (10) days and may be extended by the court. The allowance
of the writ shall not stay proceedings upon the decision appealed
from, but the court may, on application, on notice to the Board and
on due cause shown, grant a restraining order. The Board of Adjustment
shall not be required to return the original papers acted upon by
it, but it shall be sufficient to return certified or sworn copies
thereof or of such portions thereof as may be called for by such writ.
The return shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision appealed from and
shall be verified. If, upon the hearing, it shall appear to the court
that testimony is necessary for the proper disposition of the matter,
it may take additional evidence or appoint a referee to take such
evidence as it may direct and report the same to the court with his
findings of fact and conclusions of law, which shall constitute a
part of the proceedings upon which a determination of the court shall
be made. The court may reverse or affirm, wholly or partly, or may
modify the decision brought up for review. Costs shall not be allowed
against the Board 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 Sections
89.080 to 89.110, RSMo., shall have preference over all other civil
actions and proceedings.