(A) Required. As a condition precedent to judicial review, each adversely affected applicant shall timely and specifically challenge a land use authority decision, in accordance with the requirements of this chapter.
(B) Requirements of appeal authority. 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 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) Theory of relief. An appeal authority shall require an adversely affected applicant to present every theory of relief that it can raise in District Court.
(D) Duplicate or successive appeals not necessary. An appeal authority shall not require an adversely affected applicant to pursue duplicate or successive appeals before it or another appeal authority as a condition of the adversely affected applicant duty to exhaust administrative remedies, as required by § 153.256.
(Prior Code, § 10-14-4) (Ord. passed 8-10-2006)