Any person aggrieved or any officer, department, board or bureau of the town affected by any decision of the Planning Commission may, within 30 days after the decision appealed from, file a notice of appeal with the Circuit Court. Upon the hearing of the appeal, the decision of the Planning Commission shall be presumed by the Court to be proper and to best serve the public interest. The burden of proof shall be upon the appellant or appellants to show that the decision appealed from was against the public interest and that the Planning Commission's discretion in rendering its decision was not honestly and fairly exercised, or that the decision was arbitrary or procured by fraud or unsupported by any substantial evidence, or was unreasonable, or that the decision was beyond the powers of the Planning Commission and was illegal. The Court shall have the power to affirm, modify, or reverse, in whole or in part, any decision appealed from, and may remand any case for the entering of a proper order or for further proceedings as the Court shall determine.
(Prior Code, § 148-13) (Ord. passed 5-3-1975)