1210 LAWS OF MARYLAND. [CH. 714

and of the Mayor and Aldermen of the City of Annapolis, in
approving, suspending, revoking or restricting, or refusing to
approve, suspend, revoke or restrict any license or licensee,
shall be subject to appeal in the following manner:

(1) Who May Appeal. Any licensee or applicant for a
license, or any group of not less than ten persons who are
residents or real estate owners in the precinct or voting dis-
trict in which the licensed place of business is located or pro-
posed to be located, may within ten days from the date of any
final decision of a local board, appeal therefrom to the Circuit
Court of the county, or in the City to the Baltimore City
Court, upon payment of all costs incident to the hearing before
the local board or local licensing official.

(2) Proceedings On Appeal. An appeal may be commenced
by docketing in the appropriate court, a petition stating that
the petitioner is aggrieved by the action of the local board,
and desires the court to review the same. Thereupon, a copy
of the petition shall be served upon the local board, and the
case shall be promptly assigned for trial. The noting of an
appeal shall stay the order of the local board pending the
determination of the appeal. Upon the filing of such appeal,
the service of copy thereof and the payment of costs as afore-
said, all of which shall be a prerequisite to the hearing of the
appeal, the local board shall forward to the court within fifteen
(15) days thereafter all pertinent papers and a transcript of
any testimony which may have been taken at the board's
hearing.

(3) Scope of Appeal. Upon the hearing of such appeal, the
action of the local board shall be presumed by the court to be
proper and to best serve the public interest. The burden of
proof shall be upon the petitioner to show that the decision
complained of was against the public interest and that the
local board's discretion in rendering its decision was not
honestly and fairly exercised, or that such decision was arbi-
trary, or procured by fraud, or unsupported by any substantial
evidence, or was unreasonable, or that such decision was be-
yond the powers of the board, and was illegal. The case shall
be heard by the court without the intervention of a jury. If^
in the opinion of the court it is impracticable to determine
the question presented to the court, in the case on appeal,
without the hearing of additional evidence, or if in the opinion
of the court any qualified litigant has been deprived of the
opportunity to offer evidence, or if the interests of justice
otherwise require that further evidence should be taken, the
court may hear such additional testimony to such extent and
in such manner as may be necessary.