HB368 Alabama 2017 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2017

Title

Zoning, board of zoning adjustment, appeals required to be filed with circuit court, Sec. 11-52-81 am'd.

Summary

HB368 would require appeals of zoning board decisions to be filed directly with the circuit court, with the appeal reviewed as a new case (de novo).

What This Bill Does

If enacted, a party aggrieved by a final judgment or decision of a board of zoning adjustment would have to file a written notice of appeal with the circuit court within 15 days, and also file a written notice with the board specifying the judgment or decision. The board would then certify a transcript of the proceedings to the circuit court, and the circuit court would hear the appeal as a de novo, or new, case.

Who It Affects

• Property owners, developers, residents, or other parties who are aggrieved by a zoning board's final judgment or decision and want to appeal.
• Zoning boards and circuit court staff, who must handle the new process by certifying transcripts and conducting de novo review.

Key Provisions

• Amends Section 11-52-81 to require the appeal to be filed directly in circuit court within 15 days of the final judgment or decision, rather than appealing to the board.
• Requires the aggrieved party to also file a written notice of appeal with the board specifying the judgment or decision.
• Requires the board to certify a transcript of the proceedings to the circuit court when the notice of appeal is filed.
• Provides that the circuit court shall conduct the appeal as a de novo (new) trial.
• Establishes the act's effective date: the first day of the third month after passage and governor approval (or otherwise becoming law).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities