Missouri § 259.170 - Appeal to circuit court — time for filing — procedure.

§ 259.170. Appeal to circuit court — time for filing — procedure.

1.  Any person adversely affected by an order entered by the council may appeal from such order to the circuit court of Cole County or to the circuit court of any county in which the property affected or some portion thereof is located.  Notice of appeal must be filed with the council within thirty days after the entry of the order complained of, or within thirty days after the entry of the order overruling a motion for rehearing, or within thirty days after sustaining the original order in the event a rehearing has been held.  The notice of appeal must identify the order complained of and the grounds for appeal.  The appellant shall file a copy of the transcript of the hearing or rehearing before the council as hereinafter provided, and the appellant shall provide the transcript at his expense.  The transcript shall be delivered to the appellant, or his designated attorney, within sixty days after the filing of the notice of appeal.

2.  Within ninety days after the filing of the notice of appeal, the appellant must file in the circuit court the transcript of the proceedings before the council, together with a petition for review which states briefly the grounds for the appeal.  An appeal shall be perfected by filing the notice of appeal within the specified thirty day period.  The appeal may be dismissed by the circuit court for failure of the appellant to file the transcript and petition for review within the time specified, unless for good cause shown the time is extended by order of the circuit court.

3.  At the time of filing of the notice of appeal, if an application for the suspension of the order is filed, the council shall enter an order fixing the amount of the supersedeas bond.  Within ten days after the entry of an order by the council which fixes the amount of the bond, the appellant must file with the council a supersedeas bond in the required amount and with proper surety; upon approval of the bond, the council shall suspend the order complained of until its final disposition upon appeal.  The bond shall run in favor of the state for the use and benefit of any person who may suffer damage by reason of the suspension of the order in the event the same is affirmed by the circuit court.  If the order of the council is not superseded, it shall continue in force and effect as if no appeal was pending.

4.  The circuit court shall, insofar as is practicable, give precedence to appeals from orders of the council.  Upon the appeal of such an order the circuit court shall review the proceedings before the council as disclosed by the transcript upon appeal, and thereafter enter its judgment affirming or reversing the order appealed.  Orders of the council shall be sustained if the council has regularly pursued its authority and its findings and conclusions are sustained by the law and by substantial and credible evidence.

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(L. 1965 2d Ex. Sess. p. 917 § 17)

---- end of effective  28 Aug 1965 ----

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