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Session Laws, 1951
Volume 603, Page 1223   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1223

shall be fined not less than One Hundred Dollars ($100. 00) nor
more than Five Hundred Dollars ($500. 00).

230N. From and after the time when a Planning Commission
shall have control over subdivisions as provided in Section
230-1 of this sub-title, the jurisdiction of the Planning Commis-
sion over plats shall be
exclusive within the territory under its
jurisdiction, and all statutory control over plats or subdivi-
sions of land granted by other statutes shall, insofar as in har-
mony with the provisions of this sub-title be deemed
trans-
ferred to the Planning Commission of Howard County.

230-0. Any person, persons, taxpayer, officer, department,
board or bureau of the
County, jointly or severally, aggrieved
by any decision of said Planning Commission may within thirty
days after the filing of such decision in the office of the Plan-
ning Commission appeal to the Circuit Court for Howard
County. Upon the hearing of such appeal, the decision of the
Planning Commission shall be
presumed by the Court to be
proper and to best serve the public interest. The burden of
proof shall be upon the appellant, or appellants, to show that
the decision complained of was against the public interest and
that the Planning Commission's discretion in rendering its
decision was not honestly and fairly exercised, or that such
decision was arbitrary, or procured by fraud, or unsupported
by any substantial evidence, or was unreasonable, or that such
decision was beyond the powers of said Planning Commission
and was illegal. The said Court shall hear all such appeals
without the intervention of a jury and shall have the power
to affirm, modify, or reverse in part or in whole any decision
appealed from and may remand any case for the entering of a
proper order or for further proceedings, as the court shall de-
termine.

An appeal may be taken to the Court of Appeals of Maryland
from any decision of the Circuit Court for Howard County.

The Planning Commission shall take no action to enforce any
order appealed from while said appeal is pending in Court.

SEC. 2. And be it further enacted, That all Acts and parts of
Acts inconsistent with the provisions of this Act are hereby
repealed to the extent of such inconsistency.

SEC. 3. And be it further enacted, That in the event that any
part of this Act shall be found to be invalid by any court of
competent jurisdiction, the remaining parts of the Act shall
continue in full force and effect.

SEC. 4. And be it further enacted, That this Act is hereby
declared to be an emergency Act and necessary for the im-


 

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Session Laws, 1951
Volume 603, Page 1223   View pdf image (33K)
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