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Session Laws, 1957
Volume 640, Page 528   View pdf image (33K)
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528                               Laws of Maryland                       [Ch. 399

or revocation of any approval, license or certificate, as provided in
this Article, may have the action of the Commission reviewed by the
Circuit Court for any County or the Circuit Court or Circuit Court
No. 2 of Baltimore City. Such appeal shall be limited to questions
of law only, and shall be taken within thirty (30) days from the date
of the final order of the Commission complained of, by petition
setting forth the question or questions desired to be reviewed. Notice
of such appeals shall be served on all parties directly in interest.
Before the trial of such action, on appeal, a transcript, duly certified
by the Director of the Commission, of all papers and proceedings,
including evidence in the case before the Commission, except such as
are omitted by stipulation in writing of the parties to such action,
shall be filed by the Commission with the Clerk of the Court to which
the appeal has been taken. There shall be a further right of appeal
to the Court of Appeals from any decision of the Circuit Court for
the Counties or the Circuit Court or Circuit Court No. 2 of Balti-
more City, as the case may be. [Such appeals must be taken within
thirty (30) days of the final judgment or determination of the
lower court, and the Court of Appeals shall immediately hear and
determine such appeal.]

SEC. 3. And be it further enacted by the General Assembly of
Maryland,
That Section 166 (e) of Article 2B of the Annotated Code
of Maryland (1951 Edition), title "Alcoholic Beverages", sub-title
"Appeals" be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

166 (e) (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 other-
wise. 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 decision 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 question
of fact.

SEC. 4. And be it further enacted by the General Assembly of
Maryland,
That Article 5 of the Annotated Code of Maryland (1951
Edition and 1956 Supplement) be and it is hereby repealed, and that
any and all amendments and additions to said Article 5 be and they
are hereby repealed, and that a new Article 5 be and it is hereby
enacted in lieu thereof, said new Article to stand in the place and
stead of the Article so repealed, and to read as follows:

APPEALS
APPEALS TO COURT OF APPEALS

Appeals From Courts Of Law
1. Appeals From Final Judgment.

Any party may appeal to the Court of Appeals from any final
judgment or determination of a court of law in any civil suit or


 

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Session Laws, 1957
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