18-21-114. PROCEDURE FOR APPEAL OF DECISIONS MADE BY THE COMMISSION.

Any person adversely affected by a decision of the Land Use and Environment Commission may appeal the decision to the Tribal Court within 30 days of the Commission’s decision. However, the Tribal Court shall have no jurisdiction over such an appeal unless the person seeking the appeal has previously exhausted all of their available remedies before the Directors and the Commission. In any such an appeals proceeding, the decision of the Commission shall be upheld unless the court shall find that the Commission’s decision:

1. Violates this Title or Title 19 or any other law or custom of the Rosebud Sioux Tribe;
2. Was arbitrary, capricious or an abuse of discretion; or
3. Was made without observance of procedure required by law or custom of the Rosebud Sioux Tribe.