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ID S1345

Bill

Status

Introduced

3/7/2018

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Establishes a 28-day deadline for initiating judicial review of county board decisions, measured from the date of the written decision.

  • Requires courts reviewing board decisions to affirm unless the decision violates constitutional or statutory provisions, exceeds the board's authority, was made upon unlawful procedure, or was arbitrary, capricious, or an abuse of discretion.

  • Specifies that courts shall not substitute their judgment for the board's on questions of fact and shall confine review to the board's record.

  • Requires applicants to exhaust all administrative remedies before seeking judicial review, and clarifies that filing a petition for review does not automatically stay enforcement of the board's decision.

  • Establishes venue for judicial review in the district court of the county governed by the board, and applies similar judicial review standards to local government zoning and land use decisions.

Legislative Description

Amends existing law to revise provisions regarding judicial review of decisions of boards of county commissioners; and to specify procedural provisions regarding judicial review of certain local government decisions.

JUDICIAL REVIEW

Last Action

Reported Printed; referred to Judiciary & Rules

3/8/2018

Committee Referrals

Judiciary and Rules3/7/2018

Full Bill Text

No bill text available