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PARRIS N. GLENDENING, Governor
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Ch. 426
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(II) WHOLLY OR PARTLY AFFIRM THE ORDER, REQUIREMENT,
DECISION, OR DETERMINATION FROM WHICH THE APPEAL IS TAKEN;
(III) MODIFY THE ORDER, REQUIREMENT, DECISION, OR
DETERMINATION FROM WHICH THE APPEAL IS TAKEN; OR
(IV) ISSUE A NEW ORDER, REQUIREMENT, DECISION, OR
DETERMINATION.
(2) THE BOARD shall have all the powers of the ADMINISTRATIVE officer
from whom the appeal is taken.
DRAFTER'S NOTE: Former subsection (b-1) of this section as it related to
Frederick County is transferred without substantive change to § 14.06(c) of
this article.
Former subsection (b-1) of this section as it related to St. Mary's County is
added without substantive change to § 14.07(d) of this article.
Former subsection (b-2) of this section is transferred without substantive
change to § 14.05(d) of this article.
Former subsection (b-3) of this section is transferred without substantive
change to § 14.04(d) of this article.
Former subsection (e) of this section is transferred without substantive
change to § 14.05(e) of this article.
4.08. Appeals to courts.
(a) (1) Any OF THE FOLLOWING [person or) persons MAY, jointly or
severally, APPEAL A DECISION OF A BOARD OF APPEALS OR A ZONING ACTION OF A
LOCAL LEGISLATIVE BODY TO THE CIRCUIT COURT OF THE COUNTY:
(I) A PERSON aggrieved by [any decision of the board of appeals, or
by a zoning action by the local legislative body, or any taxpayer,] THE DECISION OR
ACTION;
(II) ANY TAXPAYER; or
(III) [any] ANY officer, department, board, OR bureau of the LOCAL
jurisdiction[, may appeal the same to the circuit court of the county].
(2) [Such] THE appeal shall be taken in accordance with Title 7,
Chapter 200 of the Maryland Rules.
(3) [Nothing in this) THIS subsection [shall] DOES NOT change the
existing standards for THE review of [any) A zoning action.
(b) (1) If, [upon the] AFTER A hearing, [it shall appear to] the court
DETERMINES that testimony is necessary for the proper disposition of the matter, [it]
THE COURT may take evidence or appoint a referee to take [such] THE REQUIRED
evidence [as it may direct] and report [the same] THE EVIDENCE to the court with
[his] THE REFEREE'S findings of fact and conclusions of law[, which].
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