(A) Final decisions of the town under this chapter shall be subject to appeal to the County Circuit Court, provided that an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land disturbing activities.
(B) The burden shall be upon the party complaining of town action to designate and demonstrate an error subject to review by the court. Allegations of error may be based upon: accordance with constitutional right, power, privilege, or immunity; compliance with statutory authority, jurisdiction limitations, or right as provided in the Act, the stated objectives for which regulations may be made, and the factual showing respecting violations or entitlement in connection with case decisions; observance of required procedure where any failure therein is not mere harmless error; and the substantiality of the evidentiary support for findings of fact. The determination of the substantiality of the evidence shall be made upon the whole evidentiary record provided by the town and the court shall determine whether there was substantial evidence in the town’s record to support its decision.
(C) The court shall take due account of the presumption of official regularity, the experience and specialized competence of the town, and the purposes of the Act.
(D) The court may dismiss the appeal, order the town to take any nondiscretionary action that the town has withheld, or remand the matter to the town for further proceedings as the court may permit or direct in accordance with law. The court shall not itself undertake to supply town action committed by the Act to the town.
(1998 Code, § 18-63)