§ 45-24.4-16 Appeals to superior court.– (a) Any person or persons jointly or severally aggrieved by a decision of thecommission may appeal to the superior court for the county in which themunicipality is situated by filing a complaint stating the reasons of appealwithin twenty (20) days after the decision has been filed in the office of thecommission. The commission shall file the original documents acted upon by itand constituting the record of the hearing appealed from, or certified copiesof the documents, together with any other facts that may be pertinent, with theclerk of the court within ten (10) days after being served with a copy of thecomplaint. When the complaint is filed by someone other than the originalapplicant or appellant, the original applicant or appellant and the members ofthe commission shall be made parties to the proceedings. The appeal shall notstay proceedings upon the decision being appealed, but the court may, in itsdiscretion, grant a stay on appropriate terms and make any other orders that itdeems necessary for an equitable disposition of the appeal.
(b) If, before the date set for hearing in the superiorcourt, an application is made to the court for leave to present additionalevidence before the commission, and it is shown to the satisfaction of thecourt that the additional evidence is material and that there were good reasonsfor the failure to present it at the hearing before the commission, the courtmay order that the additional evidence be taken before the commission uponconditions determined by the court. The commission may modify its findings anddecision by reason of the additional evidence and file that evidence and anymodifications, new findings, or decisions with the superior court.
(c) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before thecommission, and if it appears 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 therecord shall constitute the record upon which the determination of the court ismade.
(d) The court shall not substitute its judgment for that ofthe commission as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the commission or remand the case for furtherproceedings, or may reverse or modify the decision if substantial rights of theappellant have been prejudiced because of findings, inferences, conclusions, ordecisions which are:
(1) In violation of constitutional, statutory, or ordinanceprovisions;
(2) In excess of the authority granted to the commission bystatute 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.
§ 45-24.4-16 Appeals to superior court.– (a) Any person or persons jointly or severally aggrieved by a decision of thecommission may appeal to the superior court for the county in which themunicipality is situated by filing a complaint stating the reasons of appealwithin twenty (20) days after the decision has been filed in the office of thecommission. The commission shall file the original documents acted upon by itand constituting the record of the hearing appealed from, or certified copiesof the documents, together with any other facts that may be pertinent, with theclerk of the court within ten (10) days after being served with a copy of thecomplaint. When the complaint is filed by someone other than the originalapplicant or appellant, the original applicant or appellant and the members ofthe commission shall be made parties to the proceedings. The appeal shall notstay proceedings upon the decision being appealed, but the court may, in itsdiscretion, grant a stay on appropriate terms and make any other orders that itdeems necessary for an equitable disposition of the appeal.
(b) If, before the date set for hearing in the superiorcourt, an application is made to the court for leave to present additionalevidence before the commission, and it is shown to the satisfaction of thecourt that the additional evidence is material and that there were good reasonsfor the failure to present it at the hearing before the commission, the courtmay order that the additional evidence be taken before the commission uponconditions determined by the court. The commission may modify its findings anddecision by reason of the additional evidence and file that evidence and anymodifications, new findings, or decisions with the superior court.
(c) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before thecommission, and if it appears 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 therecord shall constitute the record upon which the determination of the court ismade.
(d) The court shall not substitute its judgment for that ofthe commission as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the commission or remand the case for furtherproceedings, or may reverse or modify the decision if substantial rights of theappellant have been prejudiced because of findings, inferences, conclusions, ordecisions which are:
(1) In violation of constitutional, statutory, or ordinanceprovisions;
(2) In excess of the authority granted to the commission bystatute 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.
§ 45-24.4-16 Appeals to superior court.– (a) Any person or persons jointly or severally aggrieved by a decision of thecommission may appeal to the superior court for the county in which themunicipality is situated by filing a complaint stating the reasons of appealwithin twenty (20) days after the decision has been filed in the office of thecommission. The commission shall file the original documents acted upon by itand constituting the record of the hearing appealed from, or certified copiesof the documents, together with any other facts that may be pertinent, with theclerk of the court within ten (10) days after being served with a copy of thecomplaint. When the complaint is filed by someone other than the originalapplicant or appellant, the original applicant or appellant and the members ofthe commission shall be made parties to the proceedings. The appeal shall notstay proceedings upon the decision being appealed, but the court may, in itsdiscretion, grant a stay on appropriate terms and make any other orders that itdeems necessary for an equitable disposition of the appeal.
(b) If, before the date set for hearing in the superiorcourt, an application is made to the court for leave to present additionalevidence before the commission, and it is shown to the satisfaction of thecourt that the additional evidence is material and that there were good reasonsfor the failure to present it at the hearing before the commission, the courtmay order that the additional evidence be taken before the commission uponconditions determined by the court. The commission may modify its findings anddecision by reason of the additional evidence and file that evidence and anymodifications, new findings, or decisions with the superior court.
(c) The review shall be conducted by the superior courtwithout a jury. The court shall consider the record of the hearing before thecommission, and if it appears 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 therecord shall constitute the record upon which the determination of the court ismade.
(d) The court shall not substitute its judgment for that ofthe commission as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the commission or remand the case for furtherproceedings, or may reverse or modify the decision if substantial rights of theappellant have been prejudiced because of findings, inferences, conclusions, ordecisions which are:
(1) In violation of constitutional, statutory, or ordinanceprovisions;
(2) In excess of the authority granted to the commission bystatute 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.
