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a <br />d <br />REVIEW OF CITY COUNCIL DECISION <br />I. Record on Review. The District Court determines the scope of <br />its review by considering the nature, fairness and accuracy of the <br />proceeding before the City Council. What were the issues? Did all <br />appropriate parties have an opportunity to present information, <br />review data, and ask questions? Was the proceeding accurately <br />recorded? <br />(A) If the City Council proceeding was fair and the record of <br />the proceeding is complete and accurate, the District <br />Court will simply review the record of the proceeding. <br />The District Court will allow admission of additional <br />material evidence on issues raised and considered by the <br />City Council only if there was a good reason for failure <br />to present such information to the City Council. <br />(B) If the City Council proceeding was not`°fair or if the <br />record was not complete and/or accurate, the District <br />Court will permit a trial or at least an opportunity to <br />augment the record. , <br />II. Standards of Review. The goal of the District Court in <br />reviewing development regulation cases, whether legislative in <br />nature (rezonings) or quasi-judicial in nature (special use permit, <br />variance, subdivision) is to determine if the City Council acted <br />reasonably. The District Court does not intend to substitute its <br />judgment for that of the City Council but only seeks to determine <br />if the City Council acted within the scope of its authority, <br />applied the appropriate law, and acted reasonably; and to further <br />determine if the record supports the City Council's decision. If <br />the District Court decision is appealed, the Appellate Court and <br />the Supreme Court review the matter independently of any findings <br />or conclusions of the District Court. <br />(A) In zoning classification cases, the City Council's action <br />is reasonable if it promotes the public's health, safety <br />and welfare and if it does not result in a taking without <br />compensation. <br />(1) Procedural due process rights are minimal. <br />(2) City has a right to determine whether changing <br />conditions or public interest demand an exercise of <br />power to amend a zoning ordinance and to select the <br />measures that are necessary for that purpose. <br />1 <br />