Any appeal or other legal challenge to the board of commissioners' final decision
regarding a transfer of development rights shall be pursued by petition for writ of
certiorari filed with the Superior Court of Fulton County within 30 days of the date
of the board of commissioners' decision. the applicant's petition and all other initial
filings with the superior court shall be served upon the named defendants/respondents
in accordance with O.C.G.A. § 9-11-4.
Upon filing such appeal, the clerk of superior court shall give immediate notice thereof
to the director of the department. Within 30 days of such notice, the director shall
cause to be filed with the clerk of the superior court a certified copy of the proceedings
before the commission and the decision of the commission.
Upon appeal there is a presumption of correctness of the commission's decision which
must be overcome by the appealing party.
(Res. No. 07-0912, 4-2-08)
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