- (1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.
(2) The board shall reverse or remand a limited land use decision if:
- (a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;
- (b) The decision does not comply with applicable provisions of the land use regulations;
(c) The decision is:
- (A) Outside the scope of authority of the decision maker; or
- (B) Unconstitutional; or
- (d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner.
[1991 c.817 §2]