§ 45-24-69 - Appeals – Appeals to superior court.
SECTION 45-24-69
§ 45-24-69 Appeals – Appeals tosuperior court. – (a) An aggrieved party may appeal a decision of the zoning board of review tothe superior court for the county in which the city or town is situated byfiling a complaint stating the reasons of appeal within twenty (20) days afterthe decision has been recorded and posted in the office of the city or townclerk. The decision shall be posted in a location visible to the public in thecity or town hall for a period of twenty (20) days following the recording ofthe decision in the office of the city or town clerk. The zoning board ofreview shall file the original documents acted upon by it and constituting therecord of the case appealed from, or certified copies, together with otherfacts that may be pertinent, with the clerk of the court within thirty (30)days after being served with a copy of the complaint. When the complaint isfiled by someone other than the original applicant or appellant, the originalapplicant or appellant and the members of the zoning board are made parties tothe proceedings. The appeal shall not stay proceedings upon the decisionappealed from, but the court may, in its discretion, grant a stay onappropriate terms and make any other orders that it deems necessary for anequitable disposition of the appeal.
(b) If, before the date set for the hearing in the superiorcourt, an application is made to the court for leave to present additionalevidence before the zoning board of review and it is shown to the satisfactionof the court that the additional evidence is material and that there were goodreasons for the failure to present it at the hearing before the zoning board ofreview, the court may order that the additional evidence be taken before thezoning board of review upon conditions determined by the court. The zoningboard of review may modify its findings and decision by reason of theadditional evidence and file that evidence and any new findings or decisionswith 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 thezoning board of review and, if it appears to the court that additional evidenceis necessary for the proper disposition of the matter, it may allow any partyto the appeal to present that evidence in open court, which evidence, alongwith the report, constitutes the record upon which the determination of thecourt is made.
(d) The court shall not substitute its judgment for that ofthe zoning board of review as to the weight of the evidence on questions offact. The court may affirm the decision of the zoning board of review or remandthe case for further proceedings, or may reverse or modify the decision ifsubstantial rights 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 zoning board ofreview by statute 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.