§ 45-23.1-5 - Appeals.
SECTION 45-23.1-5
§ 45-23.1-5 Appeals. – (a) Any person aggrieved by any decision of the board or council may present tothe supreme court a verified petition stating that the decision is illegal inwhole or in part and specifying the grounds of illegality. The petition shallbe presented to the court within thirty (30) days after the filing of thedecision.
(b) Upon presentation of the petition, the court may allow awrit of certiorari directed to the board or council to review the decision ofthe board or council, and shall prescribe in the writ the time within which areturn shall be made, which shall not be less than ten (10) days and may beextended by the court. The allowance of the writ does not stay proceedings uponthe decision appealed from, but the court may, on application, on due causeshown, grant a restraining order.
(c) The board or council is not required to return theoriginal papers acted on by it, but it is sufficient to return certified orsworn copies of the original papers, or portions of them, as may be called forby the writ. The return shall concisely state other facts that may be pertinentand material to show the grounds of the decision appealed from and shall beverified.
(d) If upon the hearing, it appears to the court thattestimony is necessary for the proper disposition of the matter, it may takeevidence or appoint a master to take evidence as it may direct, and report theevidence to the court with his or her findings of fact and conclusions of law,which shall constitute a part of the proceedings upon which the determinationof the court shall be made.
(e) The court may reverse or affirm wholly or partly or maymodify the decision brought up for review.