§ 153.359 CONDITION PRECEDENT TO JUDICIAL REVIEW, APPEAL AUTHORITY DUTIES.
   (A)   As required by the Act, and as a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge a land use authority’s decision, in accordance with the requirements of this chapter.
   (B)   An appeal authority shall:
      (1)   Act in a quasi-judicial manner;
      (2)   Serve as the final arbiter of issues involving the interpretation or application of this chapter, and the town’s other land use ordinances; and
      (3)   May not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.
   (C)   As provided by the Act, an adversely affected party shall present every theory of relief to the appeal authority that it can raise in District Court.
   (D)   As required by the Act, an appeal authority shall not require an adversely affected party to pursue duplicate or successive appeals before it, or another appeal authority, as a condition of the adversely affected party’
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1805)