§8A-9-2. Notice to adverse parties.
475 words·~2 min read·
/wv/chapter-8a-land-use-planning/article-9-appeal-process/8a-9-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon filing a petition for a writ of certiorari with the clerk of the circuit court of the county in which the affected premises are located, the petitioner shall cause a notice to be issued and served by the sheriff of the county upon:
(1)The adverse party, as shown by the record of the appeal in the office of the planning commission, board of subdivision and land development appeals, or board of zoning appeals; and
(2)The chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals, as applicable.
(b)The adverse party is any property owner appearing at the hearing before the planning commission, board of subdivision and land development appeals, or board of zoning appeals in opposition to the petitioner.
(c)If the record shows a written document containing the names of more than three property owners opposing the request of the petitioner, then the petitioner is required to cause notice to be issued and served upon the three property owners whose names first appear upon the written document. Notice to the other parties named in the written document is not required.
(d)The notice shall:
(1)State that a petition for a writ of certiorari has been filed in the circuit court of the county asking for a review of the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals;
(2)Designate the affected premises; and
(3)Specify the date of the decision or order that is the subject of the petition for a writ of certiorari.
(e)Service of the notice by the sheriff on the chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals shall constitute notice to the commission or boards. Service of the notice by the sheriff to the governing body and to any official or board thereof charged with the enforcement of the subdivision and land development ordinance, subdivision or land development plan and plat, or zoning ordinance. No further summons or notice with reference to the filing of such petition shall be necessary.
(f)As an alternative to the requirements for notice prescribed in the preceding subsections of this section, notice is sufficient upon a showing that the chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals and all adjacent landowners to the affected premises have received personal service of process of the notice containing information as required in subsection
(d)of this section. As to all other interested parties, notice shall be sufficient if notice containing information as required in subsection
(d)of this section, is published as a Class III-0 legal advertisement, in the county or counties wherein the affected premises are located.