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Ch. 426
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2000 LAWS OF MARYLAND
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(I) A decision of the [board of appeals, or by a] BOARD OF
MUNICIPAL AND ZONING APPEALS; OR
(II) A zoning action by the [local legislative body, may appeal the
same to the Circuit Court for Baltimore City] CITY COUNCIL.
(2) [Such] A PERSON FILING AN appeal shall [be taken in accordance]
COMPLY with Title 7, Chapter 200 of the Maryland Rules.
(3) [Nothing in this subsection shall] THIS SUBSECTION DOES NOT
change the existing standards for review of any zoning action.
(b) The court may hear the appeal on the record [or if, in the opinion of the
court,] OR, IF THE COURT BELIEVES THAT additional testimony is required for the
proper disposition of the [case] APPEAL, the court may [permit] ALLOW either or
both sides to present additional testimony.
(c) The court shall hear the [case] APPEAL without [the intervention of] a
jury-
(d) (1) [THE] IN REVIEWING A DECISION OF THE BOARD OF MUNICIPAL
AND ZONING APPEALS, THE court [may reverse or affirm, wholly or partly, or may
modify or remand] MAY:
(I) REVERSE IN WHOLE OR PART;
(II) AFFIRM IN WHOLE OR PART;
(III) MODIFY; OR
(IV) REMAND for further consideration [, any decision of the board of
appeals].
(2) [When a case] IF AN APPEAL is remanded for further consideration,
[the] ANY testimony [, if any,] taken in court shall be made available to the board OF
MUNICIPAL AND ZONING APPEALS.
(3) The costs of preparing [such] THE testimony shall be made a part of
the costs of the [case] APPEAL.
(e) [An appeal may be taken to the Court of Special Appeals from any decision
of the Circuit Court for Baltimore City.] ANY DECISION OF THE CIRCUIT COURT OF
BALTIMORE CITY MAY BE APPEALED TO THE COURT OF SPECIAL APPEALS.
(f) (1) In addition to the appeal provided in this section, the Mayor and City
Council OF BALTIMORE may [provide for] ALLOW AN appeal to the Circuit Court for
Baltimore City of any matter arising under the planning and zoning laws of the City
of Baltimore.
(2) [The] A decision of the Circuit Court for Baltimore City UNDER THIS
SUBSECTION may be appealed to the Court of Special Appeals.
(3) This subsection does not restrict any charter POWER or other power
of [the city] THE MAYOR AND CITY COUNCIL OF BALTIMORE.
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- 2308 -
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