81-1521.18.

Commercial hazardous waste management facility; appeal of decision.

The disapproval decision made by the local governing body may be appealed to district court. The court may affirm the decision or it may reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the decision is:

(1) In violation of constitutional provisions;

(2) In excess of the statutory authority or jurisdiction of the local governing body;

(3) Made upon unlawful procedure;

(4) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or

(5) Arbitrary or capricious.