(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 filing an action in the district court in the county in which the property is located 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 district court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings; (b) the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3); and (c) (i) if there is a record: (A) the district court's review is limited to the record provided by the agency; and (B) the district 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 district court may call witnesses and take evidence.

(a) the agency shall transmit to the district court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings;

(b) the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3); and

(c) (i) if there is a record: (A) the district court's review is limited to the record provided by the agency; and (B) the district 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 district court may call witnesses and take evidence.

(i) if there is a record: (A) the district court's review is limited to the record provided by the agency; and (B) the district 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

(A) the district court's review is limited to the record provided by the agency; and

(B) the district 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 district court may call witnesses and take evidence.