(A) Required time for filing.
(1) No person may challenge in District Court a decision of a land use authority until that person has exhausted all administrative remedies as provided by this chapter and received a final decision from the appeal authority, as provided by § 153.365 of this chapter.
(2) Any person adversely affected by a final decision made in the exercise of, or in violation of, the provisions of this chapter may file an appeal petition for review of the decision with the District Court within 30 calendar days after the decision is final.
(3) An appeal petition is barred unless it is filed within 30 calendar days after the appeal authority’s decision is final.
(B) Tolling of time.
(1) The required time for filing for District Court review shall be tolled from the date that a person files a request for arbitration of a constitutional taking issue with the property rights ombudsman, as provided by UCA § 63-34-13, as amended, until 30 calendar days after:
(a) The arbitrator issues a final award; or
(b) The property rights ombudsman issues a written statement under UCA § 63-34-13(4)(b), as amended, declining to arbitrate or to appoint an arbitrator.
(2) A tolling under this section operates only as to the specific constitutional taking issue that is the subject of the request for arbitration filed with the property rights ombudsman by a property owner.
(3) A request for arbitration filed with the property rights ombudsman after the time under division (B)(1) above to file an appeal petition has expired does not affect the time to file an appeal petition.
(C) Standards governing court review.
(1) The District Court shall:
(a) Presume that a decision, ordinance or regulation made under the authority of this chapter, or the town’s other land use ordinances, and the Act, is valid; and
(b) Determine only whether the decision, ordinance or regulation is arbitrary, capricious or illegal.
(2) A decision, ordinance or regulation of the Council involving the exercise of legislative discretion is valid if the decision, ordinance or regulation is reasonably debatable and not illegal.
(3) A decision of a land use authority or an appeal authority involving the exercise of administrative discretion is valid if the decision is supported by substantial evidence in the record and is not arbitrary, capricious or illegal.
(4) A determination of illegality requires a determination that the decision, ordinance or regulation violates a law, statute or ordinance in effect at the time the decision was made or the ordinance or regulation adopted.
(5) The time requirements for the filing of an appeal petition with District Court, as provided by this chapter apply from the date on which the land use authority takes final action on a land use application for any adversely affected third party, if the land use authority conformed with the notice provisions of this chapter, as applicable, or for any person who had actual notice of the pending decision.
(6) If the town has complied with the notice requirements, as provided by this chapter, a challenge to the enactment of this chapter may not be filed with the District Court more than 30 calendar days after the enactment.
(D) Appeal authority; review on the record.
(1) The Council, acting as a land use authority, or appeal authority, as the case may be, shall transmit to District Court the record of its proceedings, including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
(a) If the proceeding was tape-recorded, a transcript of that tape recording is a true and correct transcript for purposes of this section.
(b) If there is a record, the District Court’s review is limited to the record provided by the land use authority, or appeal authority, as the case may be.
(2) The court may not accept or consider any evidence outside the record of the land use authority or appeal authority, as the case may be, unless that evidence was offered to the land use authority or appeal authority, respectively, and the court determines that it was improperly excluded.
(3) If there is no record, the court may call witnesses and take evidence.
(4) The filing of a petition does not stay the decision of the land use authority, or appeal authority, as the case may be.
(E) Staying of decision.
(1) Before filing a petition under this chapter, or a request for mediation or arbitration of a constitutional taking issue under UCA § 63-34-13, as amended, the aggrieved party may petition the appeal authority to stay its decision.
(2) 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 town.
(3) After a petition is filed under this chapter, or a request for mediation or arbitration of a constitutional taking issue is filed under UCA § 63-34-13, as amended, the petitioner may seek an injunction staying the appeal authority’s decision.
FIGURE 7: APPEAL AUTHORITIES
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1812)