76-3-625. Violations -- actions against governing body.
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76-3-625 . Violations -- actions against governing body.
(1)A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter within 180 days of the final action, decision, order, or adoption of a regulation. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(a)A party identified in subsection
(3)who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the approval, imposition of conditions, or denial of the preliminary plat.
(b)A party identified in subsection
(3)who is aggrieved by any other final decision of the governing body regarding a subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the decision.
(c)A petition allowed in subsections (2)(a) and (2)(b) must specify the grounds upon which the appeal is made. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(3)The following parties may appeal under the provisions of subsection (2):
(a)the subdivider;
(b)a landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value;
(c)the county commissioners of the county where the subdivision is proposed; and
(i)a first-class municipality, as described in 7-1-4111 , if a subdivision is proposed within 3 miles of its limits;
(ii)a second-class municipality, as described in 7-1-4111 , if a subdivision is proposed within 2 miles of its limits; and
(iii)a third-class municipality or a town, as described in 7-1-4111 , if a subdivision is proposed within 1 mile of its limits.
(4)For the purposes of this section, "aggrieved" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.