Sec. 21-363. - Judicial review; appellate procedures.

(a)

Pursuant to the provisions of G.L., § 45-24.5-4, an aggrieved party shall have the right to appeal the final order and/or decision of the town council to the district court in the manner set forth under the provisions of the Rhode Island Administrative Procedure Act, G.L., § 42-35-15.

(b)

Proceedings for review are instituted by the filing of a complaint in the district court within thirty (30) days of the date the decision was issued.

(c)

The filing of a complaint shall not stay the decision of the WWMD manager and the town council. The town council may grant, or the district court may order, a stay upon appropriate terms.

(d)

Within thirty (30) days after service of the complaint, or within further time allowed by the court, the town council shall transmit to the clerk of the district court the entire record of the proceedings under review.

(e)

If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the town council, the court may order that the additional evidence be taken before the town council upon conditions determined by the court. The town council may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the district court.

(f)

The review shall be conducted by the court without a trial and shall be confined to the record. In cases of alleged irregularities in the procedure before the town council not shown on the record, proof thereof may be taken by the court. The court, upon request, shall hear oral argument and receive written briefs.

(g)

The court shall not substitute its judgment for that of the town council as to the weight of the evidence on questions of fact. The court may affirm the decision of the town council or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

(1)

In violation of constitutional or statutory provisions;

(2)

In excess of statutory authority of the town council;

(3)

Made upon unlawful procedure;

(4)

Affected by other error of law;

(5)

Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

(6)

Arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.

(Ord. of 3-8-2011, § 13)