§ 45-23-71 Appeals to the superior court.– (a) An aggrieved party may appeal a decision of the board of appeal, to thesuperior court for the county in which the municipality is situated by filing acomplaint stating the reasons of appeal within twenty (20) days after thedecision has been recorded and posted in the office of the city or town clerk.The board of appeal shall file the original documents acted upon by it andconstituting the record of the case appealed from, or certified copies of theoriginal documents, together with any other facts that may be pertinent, withthe clerk of the court within thirty (30) days after being served with a copyof the complaint. When the complaint is filed by someone other than theoriginal applicant or appellant, the original applicant or appellant and themembers of the planning board shall be made parties to the proceedings. Theappeal does not stay proceedings upon the decision appealed from, but the courtmay, in its discretion, grant a stay on appropriate terms and make any otherorders that it deems necessary for an equitable disposition of the appeal.
(b) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before theplanning board and, if it appear to the court that additional evidence isnecessary for the proper disposition of the matter, it may allow any party tothe appeal to present evidence in open court, which evidence, along with thereport, shall constitute the record upon which the determination of the courtshall be made.
(c) The court shall not substitute its judgment for that ofthe planning board as to the weight of the evidence on questions of fact. Thecourt may affirm the decision of the board of appeal or remand the case forfurther proceedings, or may reverse or modify the decision if substantialrights of the appellant have been prejudiced because of findings, inferences,conclusions or decisions which are:
(1) In violation of constitutional, statutory, ordinance orplanning board regulations provisions;
(2) In excess of the authority granted to the planning boardby statute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence of the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
§ 45-23-71 Appeals to the superior court.– (a) An aggrieved party may appeal a decision of the board of appeal, to thesuperior court for the county in which the municipality is situated by filing acomplaint stating the reasons of appeal within twenty (20) days after thedecision has been recorded and posted in the office of the city or town clerk.The board of appeal shall file the original documents acted upon by it andconstituting the record of the case appealed from, or certified copies of theoriginal documents, together with any other facts that may be pertinent, withthe clerk of the court within thirty (30) days after being served with a copyof the complaint. When the complaint is filed by someone other than theoriginal applicant or appellant, the original applicant or appellant and themembers of the planning board shall be made parties to the proceedings. Theappeal does not stay proceedings upon the decision appealed from, but the courtmay, in its discretion, grant a stay on appropriate terms and make any otherorders that it deems necessary for an equitable disposition of the appeal.
(b) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before theplanning board and, if it appear to the court that additional evidence isnecessary for the proper disposition of the matter, it may allow any party tothe appeal to present evidence in open court, which evidence, along with thereport, shall constitute the record upon which the determination of the courtshall be made.
(c) The court shall not substitute its judgment for that ofthe planning board as to the weight of the evidence on questions of fact. Thecourt may affirm the decision of the board of appeal or remand the case forfurther proceedings, or may reverse or modify the decision if substantialrights of the appellant have been prejudiced because of findings, inferences,conclusions or decisions which are:
(1) In violation of constitutional, statutory, ordinance orplanning board regulations provisions;
(2) In excess of the authority granted to the planning boardby statute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence of the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
§ 45-23-71 Appeals to the superior court.– (a) An aggrieved party may appeal a decision of the board of appeal, to thesuperior court for the county in which the municipality is situated by filing acomplaint stating the reasons of appeal within twenty (20) days after thedecision has been recorded and posted in the office of the city or town clerk.The board of appeal shall file the original documents acted upon by it andconstituting the record of the case appealed from, or certified copies of theoriginal documents, together with any other facts that may be pertinent, withthe clerk of the court within thirty (30) days after being served with a copyof the complaint. When the complaint is filed by someone other than theoriginal applicant or appellant, the original applicant or appellant and themembers of the planning board shall be made parties to the proceedings. Theappeal does not stay proceedings upon the decision appealed from, but the courtmay, in its discretion, grant a stay on appropriate terms and make any otherorders that it deems necessary for an equitable disposition of the appeal.
(b) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before theplanning board and, if it appear to the court that additional evidence isnecessary for the proper disposition of the matter, it may allow any party tothe appeal to present evidence in open court, which evidence, along with thereport, shall constitute the record upon which the determination of the courtshall be made.
(c) The court shall not substitute its judgment for that ofthe planning board as to the weight of the evidence on questions of fact. Thecourt may affirm the decision of the board of appeal or remand the case forfurther proceedings, or may reverse or modify the decision if substantialrights of the appellant have been prejudiced because of findings, inferences,conclusions or decisions which are:
(1) In violation of constitutional, statutory, ordinance orplanning board regulations provisions;
(2) In excess of the authority granted to the planning boardby statute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence of the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
