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Session Laws, 1949
Volume 590, Page 1004   View pdf image (33K)
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1004 LAWS OF MARYLAND. [CH. 422

be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of record on application,
on notice to the agency from which the appeal is taken and
on due cause shown.

The Board shall fix a reasonable time for the hearing of
the appeal, give public notice thereof and due notice to the
parties in interest, and decide the same within a reasonable
time. Upon the hearing any party may appear in person or
by agent or by attorney.

The Board may, in conformity with the provisions of this
sub-title, reverse or affirm, wholly or partly, or modify, the
order, requirement, decision, or determination appealed from
and may make such order, requirement, decision, or determi-
nation as ought to be made, and to that end shall have all the
powers of the administrative agency from which the appeal
is taken.

The concurring vote of a majority of the members of the
Board shall be sufficient to reverse any order, requirement,
decision, or determination of the administrative agency, or to
decide in favor of the applicant on any matter upon which
it is required to pass in this sub-title, under any ordinance or
under other legislation or to effect any variation from the
provisions of any ordinance or other legislation.

(f) (Judicial Review. )

(1) Any person or persons, jointly or severally, aggrieved
by any decision of the Board of Appeals, or any taxpayer, or
any officer, department, board, or bureau of the political sub-
division, may present to a court of record a duly verified peti-
tion setting forth that the decision is illegal, in whole or in
part, and specifying the grounds of the illegality. Such peti-
tion shall be presented to the court within thirty (30) days
after the decision is filed in the office of the Board.

(2) Upon presentation of such petition, the court shall
allow an appeal to. review such decision of the Board and
shall prescribe therein the time within which a return or
answer to the petition must be made and served on the peti-
tioner or his attorney, which shall be not less than fifteen (15)
days, and may be extended by the court. The allowance of
the appeal shall not stay proceedings upon the decision ap-
pealed from, but the court may, on application, on notice to
the Board and on due cause shown, grant a restraining order.

(3) The Board of Appeals shall not be required to return
the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or of such portions
thereof as may be called for by the appeal. The return shall
concisely set forth such other facts as may be pertinent and

 

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Session Laws, 1949
Volume 590, Page 1004   View pdf image (33K)
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