Introduced Version House Bill 2593 History

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H.B. 2593

(By Delegates Beane, Ennis, Perdue, Frich, Trump and Walters)

[Originating in the Committee on Government Organization]

[February 15, 2005]

A BILL to repeal §8-24-86 and §8-24-87 of the code of West Virginia, 1931, as amended; and to amend and reenact §8A-8- 11 of said code, relating to land use planning; making technical corrections by repealing superceded sections; and removing requirement of Board of Zoning Appeals to pay attorneys' fees on certain appeals.

Be it enacted by the Legislature of West Virginia:

That §8-24-86 and §8-24-87 of the code of West Virginia, 1931, as amended, be repealed; and that §8A-8-11 of said code be amended and reenacted to read as follows:


§8A-8-11. Notice and hearing of appeal.

(a) Within ten days of receipt of the appeal by the Board of Zoning Appeals, the Board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five days of receipt of the appeal by the
(b) At least fifteen days prior to the date set for the hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.

(c) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.

(d) At the hearing, any party may appear in person, by agent or by an attorney licensed to practice in this state.

(e) Every decision by the Board must be in writing and state findings of fact and conclusions of law on which the Board based its decision. If the Board fails to provide findings of fact and conclusions of law adequate for decision by the circuit court, and as a result of the failure, the circuit court returns an appealed matter to the Board and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the Board shall pay any additional costs for court filing fees, and service of process and reasonable attorneys' fees, including costs and fees for additional hearings before the Board, required to permit the person appealing the Board's decision applicant to conclude
the matter at the Board level, or to return the matter to the circuit court for completion of the appeal , or both if applicable. The court shall approve the amount of costs and fees to be paid by the Board: Provided, That the amount of attorneys' fees to be paid by the Board may not exceed two thousand five hundred dollars.
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