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Session Laws, 1959
Volume 642, Page 1264   View pdf image (33K)
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1264                               Laws of Maryland                         [Ch. 780

fore the District Council not shown in the record, testimony thereon
may be taken in the court. The court upon request shall hear oral
argument and receive written briefs.

(i) Court's action.The court may affirm the decision of the Dis-
trict Council or remand the case for further proceedings; or it may
reverse or modify the decision if the substantial rights of the pe-
titioners may have been prejudiced because the administrative find-
ings, inferences, conclusions, or decisions are (1) in violation of
constitutional provisions; or (2) in excess of the statutory authority
or jurisdicton of the agency; or (3) made upon unlawful procedure;
or (4) affected by other error of law; or (5) unsupported, by com-
petent, material and substantial evidence in view of the entire record
as submitted; or (6) against the weight of competent, material
and substantial evidence in view of the entire record, as submitted
by the agency; or (7) arbitrary or capricious.

(j) Further right of appeal.An aggrieved party may secure a
review of any final judgment of the Prince George's County Circuit
Court under this sub-title by appeal to the Court of Appeals. Such
appeal shall be taken in the manner provided by law for appeals from
law courts in other civil cases.

(k) Applicability.This section applies only in that portion of
the Regional District that lies within Prince George's County.

80.    Board of Zoning Appeals in Prince George's County.

(a)  Created; members.The Board of Zoning Appeals of Prince
George's County, heretofore created, is continued. The Board shall
consist of three (3) members, who shall be residents of that portion
of the Regional District within Prince George's County and who
shall be appointed by the County Commissioners of Prince George's
County. The terms of members shall be four years each, dating
originally from their first appointment in 1939.

(b)  Meetings; officers; compensation; procedure.Any member
appointed for a vacancy shall serve for the unexpired term. All
meetings of the Board shall be public, and they shall organize an-
nually and elect a chairman and vice-chairman. They shall act by
resolution in which two members must concur. The compensation
of members shall be as fixed by the Board of County Commissioners
of Prince George's County. The County Commissioners may pro-
vide the Board of Zoning Appeals with such executive and clerical
assistance as may be deemed necessary. The District Council of
Prince George's County may provide and specify in its zoning reg-
ulations general rules to govern the organization and procedure of
the Board of Zoning Appeals, which rules shall not be inconsistent
with the provisions of this sub-title. The Board of Zoning Appeals
may adopt, from time to time, supplemental rules of procedure not
inconsistent with this sub-title or such general rules. The Board
of Appeals or the chairman or other officer thereof may administer
oaths and compel the attendance of witnesses. The Board shall keep
minutes of its proceedings.

81.    Extension of Non-Conforming uses by Board of Zoning Appeals.

A District Council at its discretion, may provide, to such degree
and upon such terms and conditions as may be set forth in its zoning


 

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Session Laws, 1959
Volume 642, Page 1264   View pdf image (33K)
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