1448

LAWS OF MARYLAND

Ch. 450

other information with a request that the local board review
the decision of the approving authority. Upon receipt of
such appeal the president of the local board shall call a
meeting of said board for the purpose of hearing the appeal
within fifteen days. At this hearing the board shall
receive evidence on the merits of the action to be taken and
shall make an independent determination of whether or not
the approval sought shall be granted. The board shall
render a decision in writing within five days from the date
of such hearing and shall furnish a copy thereof to all
parties in interest. If the board grants the approval sought
such action shall thereafter be binding on the initial
approving authority and in such case the State Board of
Health may, within thirty (30) days of the date of the
decision of the local board, appeal to the Circuit Court as
provided in sub-subsection (3) below and the case may be
heard and tried as provided in sub-subsection (3) below. If
the action sought is the approval of a plat for record and
the board approves same a majority of the members thereof
shall endorse said plat and it shall thereupon be eligible
for recordation without further action by the initial
approving authority.

(3) If the local board shall deny the approval
sought the person seeking such approval may within thirty
(30) days from the date of the decision of the local board
appeal to the Circuit Court for Calvert County. Such appeal
shall be commenced by docketing a petition stating that the
petitioner is aggrieved by the action of the local board and
desires the court to review the same. The court shall
thereupon set the matter for hearing within thirty days
after said petition is filed. The case shall be heard by
the court without a jury. The court may admit into evidence
the testimony, if any, in the hearings below; however, it
shall hear the case on its merits, de novo, and determine to
its own satisfaction the merits of the case and pass such
order or orders thereon as justice requires. The costs
shall be awarded in the discretion of the court.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.

CHAPTER 451

(House Bill 1236)

AN ACT concerning

Property Tax Credits - Circuit Breaker -
Eligibility