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A. Any person adversely affected by a preliminary land use decision, including a decision by the Planning Commission approving or denying a preliminary plat or plan, may appeal that decision to the appeal authority, and the appeal shall be governed by the procedures in Sections 17.72.120 through 17.72.170.

B. Any person adversely affected by a final land use decision of the City Council under this chapter may appeal that decision by filing an action in the District Court for Grand County, Utah.

C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking judicial review of any final decision pursuant to this chapter. Failure to exhaust administrative remedies shall result in the action or suit being dismissed.

D. A judicial action seeking review or appeal of a final decision or action under this chapter must be filed no later than thirty calendar days from the date of the decision or order that is the subject of the appeal.

E. Upon the commencement of a judicial appeal challenging any decision under this chapter, the City shall promptly transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcripts or tape recordings of proceedings.

F. There shall be no judicial review of legal claims or points of error which are not first presented for review or decision to the land use authority.

G. In any review pursuant to this chapter (whether administrative or judicial), the reviewing body shall presume the decision made under this chapter is valid. A final decision of the City Council shall be affirmed if it is found to be within the scope of legislative discretion.

H. Disputes concerning or arising from the administration of this chapter after final land use approval, including but not limited to enforcement of the land use restriction agreement, affordability controls of this chapter, or the like, shall be heard by the District Court for Grand County, Utah. (Ord. 19-02 (part), 2019)