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Session Laws, 1959
Volume 642, Page 1263   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                       1263

(d)   Definitions for sections. For the purposes of this section
SECTIONS 78, 78A AND 79 HEREIN the word "amend" or "amend-
ment" shall be deemed to include any modification of the text or
phraseology of a regulation or of any provision of the regulations,
or any repeal or elimination of any regulation or part thereof, or any
addition to the regulations, or any new regulation, or any change in
the number, shape, boundary, or area of the districts, or of any
district, or any repeal or abolition of any map or part thereof, or
any addition to any map, or any new map, or any other change in the
map or maps. For the purpose of this and other sections of this sub-
title the words "regulate", "regulation" or "regulations" shall be
deemed to include "restrict", "restrictions", "limit", "limitations",
"prohibit" and "prohibitions".

(e)   Appeals authorized.—Any party IN PRINCE GEORGE'S
COUNTY ANY PERSON aggrieved by a final decision of the Dis-
trict Council, whether such decision is affirmative or negative in
form, is entitled to judicial review thereof. Proceedings for review
shall be instituted by filing a petition in the Circuit Court of Prince
George's County within thirty (30) days after service of the final
decision of the District Council. Copies of the petition shall be
served on the District Council and all other parties of record in the
manner provided by the Rules of Court. The filing of the petition
shall not stay enforcement of the District Council decision; but the
District Council may do so, or the the reviewing court may order a
stay upon such terms as it deems proper.

(f)  Procedure for appeals.Within thirty (30) days within ser-
vice of a petition or within such further time as the court may allow,
the District Council shall transmit to the reviewing court the origi-
nal or a certified copy of the entire record of proceeding under re-
view. By stipulation of all parties to the review proceeding, the
record may be shortened. Any party unreasonably refusing to
stipulate to limit the record may be taxed by the court for the ad-
ditional cost. The court may require or permit subsequent correc-
tions or additions to the record when deemed advisable.

(g)   Taking additional evidence.If WRITTEN application BY
PETITION TO SHOW CAUSE is made to the court before the date
set for hearing for leave to present additional evidence on the issues
in the case
EITHER BY THE PARTY APPEALING OR ANY
PARTY IN INTEREST, and if it is shown to the satisfaction of
the court
AFTER A HEARING THEREON that the additional evi-
dence is material and that there were good reasons for failure to
present it in the proceedings before the District Council, the court
may
SHALL order that the additional evidence be taken before the
District Council upon such conditions as the court deems proper
AND THE CASE SHALL BE FORTHWITH REMANDED TO
THE DISTRICT COUNCIL FOR THE TAKING OF SUCH ADDI-
TIONAL TESTIMONY. In cases in which the additional evidence
is taken before the District Council, it
THE SAID DISTRICT COUN-
CIL may modify OR REVERSE ITS PREVIOUS its findings and
decision by reason of the additional evidence and shall file with the
reviewing court, to become part of the record, the additional evidence
together with any modifications or new findings or decision.

(h) Court procedure.The review shall be conducted by the court
without a jury. In cases of alleged irregularities in procedure be-


 

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Session Laws, 1959
Volume 642, Page 1263   View pdf image (33K)
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