Service of notice of appeal; record on appeal




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48171048-1710.  Service of notice of appeal; record on appeal

A.  If an appeal is taken as provided by section 48 1709 by petitioners or interested freeholders from a refusal of the board of supervisors to call an organization election, the notice shall be signed by three petitioners or interested freeholders and served on the chairman of the board of supervisors.  If the appeal is taken from the exclusion of lands from the district, the notice shall be signed by one or more petitioners or one or more interested property taxpayers resident of the district or taxpayers of the district, and shall be served on the chairman of the board of supervisors and upon all the owners of land and those interested in lands the exclusion of which is contested by the appeal.  If the appeal is taken from the inclusion of lands within the district, the appeal shall be signed by all the objectors and shall be served on the chairman of the board of supervisors and upon any five of the petitioners.

B.  The party appealing shall pay in advance the cost thereof and make a written request to the clerk of the board of supervisors hearing the matter to transmit to the clerk of the superior court all papers filed in the controversy with the board of supervisors and a transcript of all the records of the board pertaining thereto, including all minutes and resolutions of the board.  Upon request and payment of fees therefor, the clerk of the board shall transmit and file such records with the clerk of the court within five days.  If the request is not made or if made and the fees therefor are not paid within fifteen days, the appeal shall be waived.

C.  Oral notice of appeal may be given at the time of the decision appealed from, which shall be entered in the minutes of the meeting of the board of supervisors, but the request for certification of the record and payment of the fees in advance shall be made within fifteen days after the decision or the appeal is deemed waived.



D.  Service of notice of appeal shall be made as service of summons is made in civil actions. 481710



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