2744                            County Local Laws

2-87. Created; composition; appointment and term of members.

There is hereby created and established a County Board of Ap-
peals which shall consist of five members who shall be appointed
by the County Council for three year terms; except that in appointing
the first County Board of Appeals, one member shall be appointed for
a term of one year, one for a term of two years and the third for
a term of three years. Thereafter, all appointments or reappoint-
ments shall be for three year terms; except, that an appointment to
fill a vacancy occurring before the expiration of a term shall be for
the remainder of the unexpired term. Prior to any appointment
hereunder the Council shall request the recommendation of the County
Executive as to any person or persons qualified for such appointment;
any such recommendation shall be made within thirty days of Council
request.

Sec. 2. Subsection (r) of Section 2-90, Chapter 2, title "Admini-
stration," of the Montgomery County Code 1965, is hereby repealed
and re-enacted, with amendments, to read as follows:

2-90. Powers, duties and functions.

* * *

(r) Other appeals. The Board shall hear and decide all other
appeals as it may be authorized to hear from time to time by law,
ordinance or resolution.

SEC. 3. Section 2-92, Chapter 2, title "Administration," of the
Montgomery County Code 1965, is hereby repealed and re-enacted,
with amendments, to read as follows:

2-92. Appeals from decisions.

Any decision by the County Board of Appeals may, within thirty
days after the decision is rendered, be appealed by any person ag-
grieved by the decision of the Board and a party to the proceeding
before it, 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 proceeding before it
and shall, within the time limit prescribed by the Maryland Rules
of Procedure, 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 the Court may appeal from such decision to the Court of Appeals
within thirty days from the date thereof. The review proceedings
provided by this Section shall be exclusive.