1904                             Laws of Maryland                       Ch. 672

(g) [(f)] Hearing on Appeal. The board of appeals shall fix a
reasonable time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing any party may
appear in person or by agent or by attorney.

(h) Modification of Orders Appealed From. In exercising the
above-mentioned powers such board may, in conformity with the
provisions of this subtitle, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination ap-
pealed from and make such order, requirement, decision or determi-
nation as ought to be made, and to that end shall have all the powers
of the officer from whom the appeal is taken.

[22(i)]

4.08 Appeals to the Courts

(a)  Any person or persons, jointly or severally, aggrieved by any
decision of the board of appeals, or by a reclassification by the local
legislative body, or any taxpayer, or any officer, department, board,
bureau of the [municipality] jurisdiction, may appeal the same to
the circuit court of the county. Such appeal shall be taken according
to the Maryland Rules as set forth in Chapter 1100 Subtitle B.

(b)  [(1)] Testimony Upon Hearing. If, upon the hearing, it
shall appear to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee
to take such evidence as it may direct and report the same to the
court with his findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination
of the court shall be made, [In Washington County the appeal shall
be heard do novo without the intervention of a jury.]

(c)  [(m)] When Costs Not Allowed Against Board; Exception.
Costs shall not be allowed against the board unless it shall appear to
the circuit court that it acted with gross negligence, or in bad faith, or
with malice in making the decision appealed from.

(d)  [(n)] Issues have Preference Under this Section. All issues
in any proceeding under this section shall have preference over all
other civil actions and proceedings.

(e)  [(o)] Decision of Circuit Court; Appeal to Court of Appeals;
Awarding of Costs. Upon its determination of the case, the circuit
court shall file a formal order embodying its final decision. An appeal
may be taken to the Court of Appeals of Maryland, during the period
and in the manner prescribed by rules of the Court of Appeals, from
any decision of the circuit court reviewing a decision of the board
of appeals. In such cases the award of costs shall be subject to the
discretion of the Court of Appeals.

5.00    Subdivision Control
[24]

5.01    Subdivision Jurisdiction

[The territorial jurisdiction except in Frederick County, of any
municipal planning commission over the subdivision of land shall in-
clude all land located in the municipality and all land lying within