§ 45-23-71. Appeals to the superior court.
(a) An aggrieved party may appeal a decision of the board of appeal; a decision of an
administrative officer made pursuant to § 45-23-38 or § 45-23-50 where authorized to approve or deny an application; a decision of the technical review
committee where authorized to approve or deny an application; or a decision of the
planning board, to the superior court for the county in which the municipality is
situated by filing a complaint stating the reasons for the appeal within twenty (20)
days after the decision has been recorded and posted in the office of the city or
town clerk. Recommendations by any public body or officer under this chapter are not
appealable under this section. The authorized permitting authority shall file the
original documents acted upon by it and constituting the record of the case appealed
from, or certified copies of the original documents, together with any other facts
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 is filed by someone other
than the original applicant or appellant, the original applicant or appellant and
the permitting authority shall be made parties to the proceedings. No responsive pleading
is required for an appeal filed pursuant to this section. The appeal does 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) Appeals from a decision granting or denying approval of a final plan shall be limited
to elements of the approval or disapproval not contained in the decision reached by
the planning board at the preliminary stage; provided that, a public hearing has been
held on the plan, if required pursuant to this chapter.
(c) The review shall be conducted by the superior court without a jury. The court shall
consider the record before the board of appeal or permitting authority, as applicable
and, if it appears 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 evidence
in open court, which evidence, along with the report, 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 board of appeal or permitting
authority as applicable as to the weight of the evidence on questions of fact. The
court may affirm the decision of the board of appeal or permitting authority, as applicable
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 that are:
(1) In violation of constitutional, statutory, ordinance, or planning board regulations
provisions;
(2) In excess of the authority granted to the planning board 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.