§ 31-19.3-10. Appeals to superior court.
(a) Any person, firm, or corporation aggrieved by a decision of the town council pursuant
to § 31-19.3-6 or 31-19.3-7 may appeal to the superior court for Washington County by filing a complaint setting
forth the reasons of appeal within twenty (20) days after the decision has been filed
in the office of the town clerk. The town council shall file the original documents
acted upon by it and constituting the record of the case appealed from, or certified
copies of them, together with any other facts that may be pertinent, with the clerk
of the court within ten (10) days after being served with a copy of the complaint.
When the complaint is filed by someone other than the original applicant or appellant,
the original applicant or appellant and the members of the town council shall be made
parties to the proceedings. The appeal shall not stay proceedings upon the decision
appealed from, but the court may, in its discretion, grant a stay on appropriate terms
and make any other orders that it deems necessary for an equitable disposition of
the appeal.
(b) If, before the date set for the hearing in the superior court, application is made
to the court for leave to present additional evidence before the town council and
it is shown to the satisfaction of the court that the additional evidence is material
and that there were good reasons for the failure to present it at the hearing before
the town council, the court may order that the additional evidence be taken before
the town council upon conditions determined by the court. The town council may modify
its findings and decision by reason of the additional evidence and shall file that
evidence and any modifications, new findings, or decisions with the superior court.
(c) The review shall be conducted by the superior court without a jury. The court shall
consider the record of the hearing before the town council and if it shall appear
to the court that additional evidence is necessary for the proper disposition of the
matter, it may allow any party to the appeal to present the evidence in open court,
which evidence along with the record shall constitute the record upon which the determination
of the court shall be made.
(d) The court shall not substitute its judgment for that of the town council as to the
weight of the evidence on questions of fact. The court may affirm the decision of
the town council or remand the case for further proceedings, or may reverse or modify
the decision if substantial rights of the appellant have been prejudiced because of
findings, inferences, conclusions or decisions which are:
(1) In violation of constitutional, statutory, or ordinance provisions;
(2) In excess of the authority granted to the town council 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, and substantial evidence of
the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion.