17.72.240 District Court review of appeal authority decision.
A. Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision.
B. In the petition, the plaintiff may only allege that decision was arbitrary, capricious, or illegal.
C.
1. The petition is barred unless it is filed within thirty days after the appeal authority’s decision is final.
2.
a. The time under subsection (C)(1) of this section to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the private property ombudsman under Section 63-34-13 Utah Code Annotated (1953 as amended) until thirty days after:
i. The arbitrator issues a final award; or
ii. the private property ombudsman issues a written statement under Section 63-34-13(4)(b) Utah Code Annotated declining to arbitrate or to appoint an arbitrator.
b. A tolling under subsection (C)(2)(a) of this section operates only as to the specific constitutional taking issues that are the subject of the request for arbitration filed with the private property ombudsman by a property owner.
c. A request for arbitration filed with the private property ombudsman after the time under subsection (C)(1) of this section to file a petition has expired does not affect the time to file a petition.
D.
1. The appeal authority shall transmit to the district court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
2. If the proceeding was taped, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.
E.
1.
a. If there is a record, the district court’s review is limited to the record provided by the appeal authority.
b. The court may not accept or consider any evidence outside the appeal authority’s record unless that evidence was offered to the appeal authority and the court determines that it was improperly excluded by the appeal authority.
2. If there is no record, the court may call witnesses and take evidence.
F. The court shall affirm the decision of the appeal authority if the decision is supported by substantial evidence in the record.
G.
1. The filing of a petition does not stay the decision of the appeal authority.
2.
a. Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Section 63-34-13 Utah Code Annotated (1953 edition), the aggrieved party may petition the appeal authority to stay its decision.
b. Upon receipt of a petition to stay, the appeal authority may order its decision stayed pending district court review if the appeal authority finds it to be in the best interest of the City.
c. After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under Section 63-34-13 Utah Code Annotated (1953 edition), the petitioner may seek an injunction from the district court staying the appeal authority’s decision. (Ord. 10-06, 2010)
Editor’s note: See editor’s note at Section 17.72.100.