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Session Laws, 1957
Volume 640, Page 565   View pdf image (33K)
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Theodore R. McKeldin, Governor                    565

is hereby authorized and directed to proceed by attachment against
said witness in all respects as if said neglect or refusal had been by
a witness summoned to appear in said Court in a case pending before
it. At the hearing, the person charged shall be entitled to be repre-
sented by counsel. Any person aggrieved by any rule, regulation or
order of the Commission shall have the right to apply for review
thereof to the Circuit Court, sitting in equity, of the county or to the
Circuit Court or the Circuit Court No, 2 of Baltimore City, as the
case may be, wherein is situated the establishment affected thereby,
on the grounds that such rule, regulation or order is impracticable
of attainment or unlawful. Such application shall be by petition
which shall be filed in the clerk's office of such court within sixty
(60) days after the date of the rule, regulation or order complained
of. The Commission shall be named as a party defendant to such
petition. Within fifteen (15) days after such petition is so filed, the
petitioner shall serve on the Director or any member of the Com-
mission a copy of the petition, and within fifteen (15) days there-
after the answer of the Commission shall be filed, whereupon such
cause shall be to issue and stand ready for hearing upon fifteen (15)
days notice to either party. The filing of such application shall
operate to suspend the rule, regulation or order complained of until
the validity of such rule, regulation or order shall have been finally
adjudicated. The said court shall hear the proceeding de novo, shall
thereupon determine in writing all matters of law and fact, and
render its decision approving, setting aside or modifying the rule,
regulation or order complained of and the clerk of said court shall
certify the same to the Commission. The Commission or any party
aggrieved by any such final decision of the court shall have, regard-
less of the amount involved, the right of appeal to the Court of Ap-
peals of Maryland. The procedure shall be the same as that provided
by law concerning appeals in civil cases [and such appeals shall
have precedence over all cases except criminal cases].

661 (j). Protest against lease.—Any three or more residents of
this State may, within the period of thirty days after the last in-
sertion of said advertisement, file a protest in writing against such
application in the circuit court of the county in which or nearest to
which the area applied for is located, and the clerk of said court shall
thereupon docket a suit at law in which the protests are the plain-
tiffs and the applicant is the defendant. The court, or any judge
thereof, shall thereupon pass an order directing summons to issue
for the defendant, to be served in the same manner as summons in
action at law, and returned by some day to be named in said order,
Said court or judge shall also furnish the defendant with a copy of
the petition and the defendant shall answer said petition within
fifteen days after the return day to which it is summoned, unless
the court, for good cause, has extended time for answering it. After
filing of said answer, or in default of answer within the time fixed,
the court shall proceed promptly to hear all evidence adduced by the
parties, or either of them, and shall decide whether the area de-
scribed in said petition is or is not within any of the prohibited
areas set forth in sub-section (b) of this section and for which a
lease shall not be granted, and judgment shall be entered accordingly.
The hearing in said circuit court shall be before a jury unless jury
trial be waived by all parties, in which event the hearing shall be
before any judge or judges of said court. An appeal to the Court of
Appeals of Maryland may be taken by either party to said cause

 

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Session Laws, 1957
Volume 640, Page 565   View pdf image (33K)
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