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Session Laws, 1943
Volume 584, Page 1211   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. * 1211

In such actions of appeal the local board or the local licens-
ing official involved may be represented by some qualified
attorney designated for such service by said board or official.

The failure of the court to determine an appeal within a
period of 30 days after the record has been filed in court by
the local board as above provided, shall constitute an auto-
matic affirmance of the local board's decision, unless the time
has been extended by the court for good cause shown.

If the court reverses the action of the local board it shall
file with the papers a written statement of the reasons there-
for. The court may modify, as well as affirm or reverse, the
action of the local board. Costs shall be awarded as in other
civil cases.

(4) Finality of Appeal. The decision of the court thus
given shall be final and effective at once. No further appeal
shall lie to the Court of Appeals of the State, nor shall there
be any other remedy by which the local board's decision may
be reviewed in court, either by way of mandamus, injunction,
certiorari or otherwise. However, if any Judge of the Circuit
Court of any county, or the Baltimore City Court, shall in any
case finally decide a point of law at variance with any decision
previously rendered by any other Judge of the State on the
same question, an appeal may be taken from the decision
rendered to the Court of Appeals of Maryland. Any such
appeal shall be taken within 30 days from the date of the deci-
sion involved and shall not stay the action of the lower court.
The Court of Appeals shall only decide the question of law
involved in such an appeal and shall not pass upon any ques-
tion of fact.

In the Counties of Dorchester, Prince George's and
Wicomico, the decision of the Boards of License Commissioners
for said counties, in approving, suspending, revoking or re-
stricting or refusing to approve, suspend, revoke or restrict
any license, shall be subject to appeal to the State License
Bureau by the applicant for any license, the licensee, or not
less than ten citizens, voters and real estate owners residing
in the precinct or voting district in which the place of business
is located or proposed to be located. Upon the filing of any
such appeal, all papers and testimony produced before the
Board of License Commissioners shall be forwarded to the
State License Bureau within thirty days thereof upon the pay-
ment by the appellant or appellants, of all costs incident to
the hearing before the Board of License Commissioners. Every
such appeal shall be heard by the State License Bureau de
novo; but said Bureau shall consider all the papers and testi-
mony produced before the said Boards. The action of the
Board shall be final and effective at once, provided, however,
that any party aggrieved by said action of the Board as herein

 

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Session Laws, 1943
Volume 584, Page 1211   View pdf image (33K)
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