§ 16-20.010. Judicial review of decisions on certificates of appropriateness.

(a)

Any person aggrieved by a final decision of the commission on a certificate of appropriateness, or any officer, department or board of the city, may appeal from such decision to the Superior Court of Fulton County by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the final decision of the commission is rendered.

(b)

Upon such filing, the clerk of Superior Court shall give immediate notice thereof to the executive director of the urban design commission. Within the time prescribed by law, the commission shall cause to be filed with said clerk a certified copy of the proceedings held before the commission, including a transcript of the evidence heard before the commission and the decision of the commission.

(c)

Thereafter at the next term of the Superior Court or in vacation upon 10 days' notice to the parties, the judge of such court shall proceed to hear and pass upon the appeal. In determining the questions presented by the appeal, the court shall determine whether the decision of the commission is correct as a matter of law.

(d)

The filing of an appeal in the Superior Court from a decision of the commission shall not ipso facto act as a supersedeas, but a supersedeas may be granted by the court upon such terms and conditions as may seem reasonable and proper.

(Code 1977, § 16-20.010)