§ 45-24.4-16. Appeals to superior court.
(a) Any person or persons jointly or severally aggrieved by a decision of the commission
may appeal to the superior court for the county in which the municipality is situated
by filing a complaint stating the reasons of appeal within twenty (20) days after
the decision has been filed in the office of the commission. The commission shall
file the original documents acted upon by it and constituting the record of the hearing
appealed from, or certified copies of the documents, 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 commission shall be made parties to the proceedings. The appeal
shall not stay proceedings upon the decision being appealed, 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 hearing in the superior court, an application is made
to the court for leave to present additional evidence before the commission, 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 commission, the court may order that the additional evidence be taken before the
commission upon conditions determined by the court. The commission may modify its
findings and decision by reason of the additional evidence and 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 commission, 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 record shall constitute the record upon which the determination of
the court is made.
(d) The court shall not substitute its judgment for that of the commission as to the weight
of the evidence on questions of fact. The court may affirm the decision of the commission
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 commission 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.