WM. PRESTON LANE, JR., GOVERNOR. 1005
material to show the grounds of the decision appealed from
and shall be verified.
(4) If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take evi-
dence as it may direct and report the same to the court with
his findings of fact and conclusions of law, which shall con-
stitute a part of the proceedings upon which the determination
of the court shall be made.
(5) The court shall have jurisdiction to affirm, modify, or
set aside the decision brought up for. review, in whole or in
part, and if need be, to order further proceedings by the Board
of Appeals.
(6) All such petitions shall be filed in the name of the per-
son requesting the appeal as plaintiff against the political
subdivision as defendant and it shall not be necessary to join
the Board of Appeals as a party defendant.
(7) All issues in any proceeding under this section shall
have preference over all other civil actions and proceedings.
(8) An appeal may be taken to the Court of Appeals of
Maryland from any decision of said court of record reviewing
the decision of the Board of Appeals.
(g) (Enforcement and Remedies. ) Every political sub-
division, by appropriate action of its legislative body, may
provide for the enforcement of the provisions of this sub-title
and of any ordinance or other legislation or rule or regulation
passed or made thereunder. A violation of the provisions of
this sub-title or of any such ordinance or other legislation,
rule or regulation is hereby declared to be a misdemeanor
and such local legislative body may provide for the punish-
ment thereof by fine or imprisonment, or both. In addition
to all other remedies, every political subdivision, or the proper
agency thereof, may institute or cause to be instituted at any
time any and all legal, equitable or criminal actions or pro-
ceedings of every kind or character which may be necessary
or proper to enforce the provisions of this sub-title and any
and all ordinances or other legislation or rules or regulations
passed or adopted pursuant to the power and authority
granted by the provisions of this sub-title.
(h) (Acquisition of Air Rights. ) In any case in which:
(a) a non-conforming use, structure or tree is an airport
hazard and it is necessary or desirable to remove, lower or
otherwise terminate it; or (b) the aerial approaches to an
airport cannot be made safe or maintained in that condition
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