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MARVIN MANDEL, Governor 397
CIRCUIT COURT AGAINST THE PARTY OR PETITIONER IN WHOSE
FAVOR THE DECISION OF THE COUNTY COMMISSIONERS HAS
MADE. IF THE APPEAL IS TAKEN BY A TAXPAYER NOT A
PARTY TO THE PROCEEDINGS, AND THE APPEAL IS NOT
SUSTAINED, THE APPEALING TAXPAYER SHALL PAY THE COSTS,
UNLESS THE COURT SHALL OTHERWISE DIRECT.
(B) IN AN APPEAL PURSUANT TO SUBSECTION (A),
EITHER PARTY HAS THE RIGHT TO A JURY TRIAL. THE
CIRCUIT COURT SHALL RATIFY, REJECT, ALTER, OR AMEND
THE PROCEEDINGS BEFORE THE COUNTY COMMISSIONERS AND IN
THE COURT SO AS TO BRING THE EVENTS OF THE CASE FAIRLY
TO TRIAL. THE CIRCUIT COURT MAY ENTER THE JUDGMENT IN
THE CASE THAT THE COUNTY COMMISSIONERS OUGHT TO HAVE
ENTERED, INCLUDING COSTS. THE JUDGMENT IS FINAL AND
MAY BE ENFORCED BY DUE PROCESS OF LAW.
REVISOR'S NOTE: The substance of subsection (a)
presently appears as Art. 5, §27, and that of
subsection (b) as Art. 5, §29. Although the
two present sections seem to confer a broad
right of appeal, in fact, they apply only in
road cases: Urbana Civil Assn. v. Urbana
Mobile Village, 260 Md. 458 (1971); Ertler v.
North Washington Cemetary, 200 Md. 251
(1952). As pointed out in Urbana, chartered
and code counties may provide for review of
this type by other means: see e.g. Art. 25A,
§5(T) .
As a matter of fact, most counties seeking to
open roads probably do so through the
condemnation procedures contained in Art. 21,
Title 12 of the Code, or similar condemnation
statutes; see Art. 25, §138. Judicial review
is provided for in these cases; Art. 21,
§12-108.
SECTION 6- AND BE IT FURTHER ENACTED, That a new
§594D be and it is hereby added to Article 27,
Annotated Code of Maryland (1971 Repl. Vol. as added
to or amended by legislation enacted at the 1973
regular session of the General Assembly), title
"Crimes and punishments", subtitle "Venue, Procedure,
and Sentence", to be under the new subheading
"District court Judges - Powers as to Warrants and
Writs", and to read as follows:
DISTRICT COURT JUDGES - POWERS AS TO WARRANTS
AND WRITS
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