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Session Laws, 1965
Volume 676, Page 1517   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1517

59-85.

(e) Appeals authorized. In Prince George's County, the appli-
cant, any incorporated municipality, any person aggrieved, any

taxpayer, or any group or association of taxpayers in the County,
ANY INCORPORATED MUNICIPALITY LOCATED IN PRINCE
GEORGE'S COUNTY WITHIN THREE (3) MILES OF THE
PROPERTY COVERED BY THE APPLICATION, ANY PERSON
OR TAXPAYER IN PRINCE GEORGE'S COUNTY RESIDING
WITHIN THREE (3) MILES OF THE PROPERTY COVERED BY
THE APPLICATION, THE APPLICANT OR ANY WHO IS AN
AGGRIEVED PARTY, is authorized to have judicial review of any
final decision of the district council,
[any person aggrieved by a final
decision of the district 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, which must be served upon all per-
sons of record at the district council's hearing.
Copies of the petition
shall be served on the district council and all other persons [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's
[council] decision; but the district council may do so, or the re-
viewing court may order a stay upon such terms as it deems proper.

59-85.

(j) Further right of appeal. In Prince George's County, the
District Council, the applicant, any incorporated municipality, any
taxpayer, or any group or
association of taxpayers in the County,
OR ANY PARTY TO THE CIRCUIT COURT REVIEW WHO IS
AN AGGRIEVED PARTY, [An aggrieved party may secure a re-
view of] may secure a review of any final judgment of the Prince
George's County Circuit Court under this subheading by appeal to
the Court of Appeals. Such appeal shall be taken in the manner pro-
vided by law for appeals from law courts in other civil cases. Each
County Commissioner in Prince George's County shall be entitled to
vote on whether the County Commissioners
DISTRICT COUNCIL
shall appeal to the Court of Appeals, regardless of whether such
County Commissioner shall have participated in the hearing on the
matter or in the decision.

59-85.

(i) Court's action. The court may affirm the decision of the
district council or remand the case for further proceedings; or it
may reverse or modify the decision if the substantial rights of the
petitioners may have been prejudiced because the administrative
findings, inferences, conclusions, or decisions are (1) in violation of
constitutional provisions; or (2) in excess of the statutory authority
or jurisdiction 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.

 

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Session Laws, 1965
Volume 676, Page 1517   View pdf image (33K)
 Jump to  
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