J. MILLARD TAWES, Governor 127
at the election of either party [; provided such appeal shall be
taken within thirty days from the date such determination was
made or such proceedings were had] and the judgment rendered
thereupon shall be final between the parties thereto.
SEC. 21. And be it further enacted, That sub-section (U) of
Section 5 of Article 25A of the Code, titled "Chartered Counties of
Maryland", sub-title "Express Powers" be and it is hereby repealed
and re-enacted, with amendments as follows:
5. (U).
To enact local laws providing (1) for the establishment of a
county board of appeals whose members shall be appointed by the
county council; (2) for the number, qualifications, terms, and com-
pensation of the members; (3) for the adoption by the board of
rules of practice governing its proceedings; and (4) for the decision
by the board on petition by any interested person and after notice
and opportunity for hearing and on the basis of the record before
the board, of such of the following matters arising (either originally
or on review of the action of an administrative officer or agency)
under any law, ordinance, or regulation of, or subject to amend-
ment or repeal by, the county council, as shall be specified from
time to time by such local laws enacted under this subsection: An
application for a zoning variation or exception or amendment of a
zoning ordinance map; the issuance, renewal, denial, revocation,
suspension, annulment, or modification of any license, permit, ap-
proval, exemption, waiver, certificate, registration, or other form of
permission or of any adjudicatory order; and the assessment of
any special benefit tax: Provided, that upon any decision by a county
board of appeals it shall file an opinion which shall include a state-
ment of the facts found and the grounds for its decision. [, may,
within 30 days after the decision is rendered, be appealed by a]
. Any person aggrieved by the decision of the board and a party to
the proceeding before it [, ] may appeal to the circuit court for
the county which shall have power to affirm the decision of
the board, or if such decision is not in accordance with law, to
modify or reverse such decision, with or without remanding the
case for rehearing as justice may require. |]Whenever any such
appeal is taken a copy thereof shall be served on the board by the
clerk of the court and the board shall promptly give notice of the
appeal to all parties to the proceedings before it and shall, within
15 days after the filing of the appeal, file with the court the originals
or certified copies of all papers and evidence presented to the board
in the proceeding before it, together with a copy of its opinion which
shall include a statement of the facts found and the grounds for
its decision. ] Any party to the proceeding in the circuit court
aggrieved by the decision of said court may appeal from such
decision to the Court of Appeals. The review proceedings provided
by this subsection shall be exclusive.
SEC. 22. And be it further enacted, That Section 645E of Article
27 of the Code, title "Crimes and Punishments", sub-title "Post
Conviction Procedure" be and it is hereby repealed and re-enacted,
with amendments, to read as follows:
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