The city or any customer who is aggrieved or adversely affected by a final decision
of the water and sewer appeals board regarding violations of water use restrictions,
after exhausting his, her or its administrative remedies, shall have the right to
appeal to the superior court of the county wherein the alleged violation occurred,
for review of such written decision by filing a petition with the said superior court
within 30 days after the service of the final decision of the water and sewer appeals
board. The water and sewer appeals board shall transmit to the reviewing court the
original or a certified copy of the entire record of the proceeding under review.
The review shall be conducted by the court without a jury and shall be confined to
the record. The court shall not substitute its judgment for that of the water and
sewer appeals board as to the weight of the evidence on questions of fact. The court
may affirm the decision of the water and sewer appeals board or remand the case for
further proceedings. The court may reverse or modify the decision if substantial rights
of the appellant have been prejudiced because the administrative findings, inferences,
conclusions, or decisions are: (1) In violation of constitutional or statutory provisions;
(2) in excess of the authority of the department of watershed management or the water
and sewer appeals board; (3) made upon unlawful procedure; (4) affected by other error
of law; (5) clearly erroneous in view of the reliable, probative, and substantial
evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discretion.
