(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.
History of Section.
P.L. 1981, ch. 332, § 1.