A. If a matter is within the jurisdiction of the appeal authority, the interested party must exhaust all of its administrative remedies by seeking review and a decision by the appeal authority prior to seeking review by the district court. Every theory of relief predicated upon the interpretation of the Moab Municipal Code must first have been presented to the appeal authority to be preserved for review by the district court.

B. A party wishing to appeal the final decision of the appeal authority must commence an action in the district court no later than thirty calendar days from the date of the final written decision by the appeal authority. A judicial action which is not commenced within that time shall be dismissed with prejudice.

C. Review by the district court shall be based solely on the record before the appeal authority. The appeal authority shall promptly transmit the record of its proceedings, including the transcript of the recorded hearing, all exhibits and other evidence, and all orders entered in the proceeding. The cost of preparing the transcript shall be paid by the appellant prior to transmittal of the record to the district court.

D. In any district court proceeding under this chapter the appealing party has the burden of proof to show that the decision of the appeal authority was arbitrary, capricious, or illegal. (Ord. 17-23 (part), 2017)