§ 31-19.3-10 - Appeals to superior court.
SECTION 31-19.3-10
§ 31-19.3-10 Appeals to superior court.– (a) Any person, firm, or corporation aggrieved by a decision of the towncouncil pursuant to § 31-19.3-6 or 31-19.3-7 may appeal to the superiorcourt for Washington County by filing a complaint setting forth the reasons ofappeal within twenty (20) days after the decision has been filed in the officeof the town clerk. The town council shall file the original documents actedupon by it and constituting the record of the case appealed from, or certifiedcopies of them, together with any other facts that may be pertinent, with theclerk of the court within ten (10) days after being served with a copy of thecomplaint. When the complaint is filed by someone other than the originalapplicant or appellant, the original applicant or appellant and the members ofthe town council shall be made parties to the proceedings. The appeal shall notstay proceedings upon the decision appealed from, but the court may, in itsdiscretion, grant a stay on appropriate terms and make any other orders that itdeems necessary for an equitable disposition of the appeal.
(b) If, before the date set for the hearing in the superiorcourt, application is made to the court for leave to present additionalevidence before the town council and it is shown to the satisfaction of thecourt that the additional evidence is material and that there were good reasonsfor the failure to present it at the hearing before the town council, the courtmay order that the additional evidence be taken before the town council uponconditions determined by the court. The town council may modify its findingsand decision by reason of the additional evidence and shall file that evidenceand any modifications, new findings, or decisions with the superior court.
(c) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before thetown council and if it shall appear to the court that additional evidence isnecessary for the proper disposition of the matter, it may allow any party tothe appeal to present the evidence in open court, which evidence along with therecord shall constitute the record upon which the determination of the courtshall be made.
(d) The court shall not substitute its judgment for that ofthe town council as to the weight of the evidence on questions of fact. Thecourt may affirm the decision of the town council or remand the case forfurther proceedings, or may reverse or modify the decision if substantialrights of the appellant have been prejudiced because of findings, inferences,conclusions or decisions which are:
(1) In violation of constitutional, statutory, or ordinanceprovisions;
(2) In excess of the authority granted to the town council bystatute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence of the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.