Section PRP.02.22 — Judicial Review

(a) Any party to a proceeding before the Land Use Review Board or the Tribal Council who is aggrieved by the decision or final order of the Board or Council is entitled to limited judicial review thereof in the Stockbridge-Munsee Community Tribal Court. All other remedies shall first be exhausted. Preliminary or procedural actions of the Board or Council are not subject to such review.

(b) An aggrieved party may appeal a final decision or order within 20 days of it becoming final. Upon the filing of an appeal, the final order or decision is automatically stayed during the appeal.

(c) The Tribal Court may not review the matter as an original action, nor may it hear new evidence. The Tribal Court shall give due deference to the Land Use Review Board and Tribal Council.

(d) The Court may only disturb a final order or decision if it is found to be arbitrary and capricious. Arbitrary and capricious means unreasonable and without regard for facts and law.

(e) Upon a finding that a final order or decision is arbitrary and capricious, the Court may only:

(1) Return the decision to the Land Use Review Board or Tribal Council for further proceedings;

(2) vacate the order or decision;

(3) issue an injunction to maintain the status quo during further proceedings.