13-1228e.   Same; delivery of transcript to court; reviewby district court.The secretary of the board upon receipt of the copy of the application for reviewshall transmit to the clerk of the court a certified transcript of allpleadings, applications, proceedings and decisions of theboard and of the evidence heard by the board on the public hearingsof the matter or cause. The parties, with theconsent and approval of the board, may stipulate in writing thatonly certain portions of the record be transcribed.

      The district court shall review the transcript of the public hearingsfor the purpose of determining the lawfulness or reasonableness of the board'sdecision. The court shall have the power to vacate or set aside theboard's decision if it determines the findings of the board do not substantiatethe reasonableness of the proposed rate increase or that the findings arecontrary to law.

      After the transcript is filed with the clerk of the court, the court shallfix a date for the filing of briefs and for the hearing of the cause. Thereview proceedings shall have precedence over all other matters in the districtcourt in which it is pending and shall be heard by the court without a jury.Except as provided in this section, the procedure for the review shall bethe same as in other civil actions.

      History:   L. 1982, ch. 85, § 5; July 1.