MARVIN MANDEL, Governor                                1263

capricious, or (4) affected by other error of law. It is
the intention of this subtitle that judicial review in
all instances includes the right to appeal to the Court
of SPECIAL Appeals from the decision of the lower court.

4-1109.

(c)   Within 30 days of the publication of the last
advertisement, any three or more residents of the State
may file a written protest against an applicant in the
circuit court of the county in which the area applied for
is located, or in the county nearest to this area, if the
area to be leased lies in more than one county. The
clerk of the court shall docket a suit at law naming the
protesters as plaintiffs and the applicant as defendant.
The court shall pass an order directing a summons to be
issued for the defendant, to be served in the same manner
as a summons in an action at law and returned by a day
named in the order. The court shall proceed promptly to
hear all evidence adduced by the parties and shall decide
whether the area described in the petition is within any
of the prohibited areas set forth in § 4-1108 (b) of this
article and judgment shall be entered accordingly. This
hearing shall be before a jury unless waived by all
parties. An appeal to the Court of SPECIAL Appeals may
be taken by either party from the judgment of the circuit
court and the Court of SPECIAL Appeals may review all
questions of fact or law. If the final decision declares
the area in question a natural oyster bar, the charts of
the Oyster Survey of 1906 to 1912[,] and its amendments,
shall be amended accordingly. The parties filing
petition in the circuit court first shall file a $25
bond, with sufficient surety, to pay court costs incurred
if the petition is dismissed, and costs are imposed on
the petitioners. Any party taking an appeal to the Court
of SPECIAL Appeals shall file a similar bond fixed by the
lower court to pay court costs incurred if the appeal is
dismissed and costs are imposed on the appellant.

6-111.

(b) Any party aggrieved by the final decision of
the court may appeal to the Court of SPECIAL Appeals.

9-305.

(d)    Either party may appeal the decision of the
circuit court to the Court of SPECIAL Appeals.

9-308.

(d) Either party may appeal the decision of the
circuit court to the Court of SPECIAL Appeals.

SECTION 31. AND BE IT FURTHER ENACTED, That

Sections 12-107(a), (c), and (d), 12-109(d), and
13-114(b) of Article - Real Property, of the Annotated
Code of Maryland (1974 Volume and 1975 Supplement) be and