20.04.08 DISTRICT COURT REVIEW OF APPEAL AUTHORITY DECISION

1. No person may challenge a decision of a Land Use Authority in District Court until that person has exhausted all administrative remedies and received a final decision from the Appeal Authority, as provided by this ordinance. 2. Any person adversely affected by any decision of the Appeal Authority may petition the district court for a review of the decision within thirty (30) calendar days after the decision is final, pursuant to Utah Code. An Appeal Petition is barred unless it is filed with thirty (30) calendar days after the appeal Authority’s decision is final. 3. In the petition, the plaintiff may only allege that the Appeal Authority's decision was arbitrary, capricious, or illegal. 4. Appeal Authority – Review on the Record 1. The Appeal Authority shall transmit to the district court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings. 2. If the proceeding was taped, a transcript of that tape recording is a true and correct transcript for purposes of this subsection. 3. If there is a record, the district court's review is limited to the record provided by the Appeal Authority. 4. The court may not accept or consider any evidence outside the Appeal Authority's record unless that evidence was offered to the Appeal Authority and the court determines that it was improperly excluded by the Appeal Authority. 5. If there is no record, the court may call witnesses and take evidence. 5. The court shall affirm the decision of the Appeal Authority if the decision is supported by substantial evidence in the record. 6. Staying of Decision. 1. The filing of a petition does not stay the decision of the Appeal Authority. 2. Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Utah Code Annotated §13-43-204, the aggrieved party may petition the Appeal Authority to stay its decision. 3. Upon receipt of a petition to stay, the Appeal Authority may order its decision stayed pending district court review if the Appeal Authority finds it to be in the best interest of the Town. 4. After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under Utah Code Annotated 13-43-204, the petitioner may seek an injunction from the district court staying the Appeal Authority’s decision.