WHEREAS, Section 12-302 of the Courts Article does not allow appeals from a
final judgment of a circuit court entered or made in the exercise of appellate
jurisdiction in reviewing the decision of an administrative agency unless expressly
granted by law; and

WHEREAS, The alteration of the appeal process from an appellate decision of a
circuit court that reviews a decision of a chartered county's board of appeals to include
in banc review will provide to an aggrieved party an affordable appeal process; now,
therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 25A - Chartered Counties of Maryland

5.

The following enumerated express powers are granted to and conferred upon
any county or counties which hereafter form a charter under the provisions of Article
XI-A of the Constitution, that is to say:

(U)

To enact local laws providing (1) for the establishment of a county board of
appeals whose members shall be appointed by the county council; (2) for the number,
qualifications, terms, and compensation of the members; (3) for the adoption by the
board of rules of practice governing its proceedings; and (4) for the decision by the
board on petition by any interested person and after notice and opportunity for
hearing and on the basis of the record before the board, of such of the following
matters arising (either originally or on review of the action of an administrative
officer or agency) under any law, ordinance, or regulation of, or subject to amendment
or repeal by, the county council, as shall be specified from time to time by such local
laws enacted under this subsection: An application for a zoning variation or exception
or amendment of a zoning ordinance map; the issuance, renewal, denial, revocation,
suspension, annulment, or modification of any license, permit, approval, exemption,
waiver, certificate, registration, or other form of permission or of any adjudicatory
order; and the assessment of any special benefit tax: Provided, that upon any decision
by a county board of appeals it shall file an opinion which shall include a statement of
the facts found and the grounds for its decision. Any person aggrieved by the decision
of the board and a party to the proceeding before it may appeal 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. Any party to the
proceeding in the circuit court aggrieved by the decision of the [said] court may
appeal from [such] THE decision to the Court of Special Appeals IN THE SAME
MANNER AS PROVIDED FOR IN CIVIL CASES. [The review proceedings provided by
this subsection shall be exclusive.]