Standards governing court review. (1) If a board makes a development impediment determination under Subsection 17C-5-402(2)(c) (ii), a record owner of property located within the survey area may challenge the determination by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, no later than 30 days after the day on which the board makes the determination. (2) In an action under this section: (a) the agency shall transmit to the court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings; (b) the court shall review the development impediment determination under the standards of review provided in Subsection 10-20-1109(3); and (c) (i) if there is a record: (A) the court's review is limited to the record provided by the agency; and (B) the court may not accept or consider any evidence outside the record of the agency, unless the evidence was offered to the agency and the district court determines that the agency improperly excluded the evidence; or (ii) if there is no record, the court may call witnesses and take evidence.
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