Section 6.37 Certiorari

• Library: Local Government Deskbook (2017 Ed.)

E. (§6.37) Certiorari

A unique statutory form of review is provided for decisions of boards of adjustment. Under this procedure, the board acts as a quasi-judicial body hearing appeals (principally for variances) from decisions of the building commissioner or other officer. These appeals must be taken within a “reasonable time,” generally not more than three months, depending on the applicable statute or ordinance. The board will hold a hearing on the appeal, after due notice, and keep a record of the proceedings. Sections 64.120, 64.660, 64.870, and 89.090 et seq., RSMo 2016.

The decisions of the board of adjustment in turn may be appealed by aggrieved parties to the circuit court by way of a verified petition filed within 30 days after final decision requesting a writ of certiorari. Sections 64.120, 64.660, 64.870, and 89.110, RSMo 2016. But it should be noted that appeals from boards of adjustment in noncharter first class counties follow the provisions of § 536.110, RSMo 2016.

Although certiorari was originally designed to test the legality of governmental action, judicial review of zoning decisions by certiorari now resembles administrative review. State ex rel. Crouse v. City of Savannah, 696 S.W.2d 346 (Mo. App. W.D. 1985). The exhaustion of administrative remedies doctrine applies. Cnty. of Platte...