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Session Laws, 1953
Volume 606, Page 1568   View pdf image (33K)
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1568 LAWS OF MARYLAND [CH. 696

to be made, and to that end shall have the powers of the
officer from whom the appeal is taken.

(i) The concurring vote of four members of the Board
shall be necessary to reverse any order, requirement, de-
cision, or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance, or
to effect any variation in such ordinance.

[Any person or persons jointly or severally aggrieved
by any decision of the Board of Zoning Appeals, or any tax-
payer, or any officer, department, board or bureau of the
municipality, may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty
days after filing of the decision in the office of the Board.

Upon the presentation of such petition the court may
allow an appeal to review such decision of the Board of
Zoning Appeals and shall prescribe therein the time within
which a return thereto must be made and served upon the
relator's attorney, which shall not be less than ten 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.

The Board of Zoning 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
such portions thereof as may be called for by such appeal.
The return shall concisely set forth such other facts as may
be pertinent and material to show the grounds of the de-
cision appealed from and shall be verified.

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 such evidence as it may direct and report the same
to the court with his findings of fact and conclusions of
law, which shall constitute a part of the proceedings upon
which the determination of the court shall be made. The
court may reverse or affirm wholly or partly, or may
modify the decision brought up for review.

All issues in any proceeding under this section shall
have preference over all other civil actions and proceedings.


 

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Session Laws, 1953
Volume 606, Page 1568   View pdf image (33K)
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