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S.D. Codified Laws § 11-4-29

Disposition by court on certiorari--Costs

Applied in 1 court decision — leading case Hamerly v. City of Lennox Bd. of Adj. (1998)

Most recently applied in Hamerly v. City of Lennox Bd. of Adj. (May 1998)

Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2608.

The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.