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§ 4-402. Manner of review; additional evidence

West's Annotated Code of MarylandLand UseEffective: October 1, 2015

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division I. Single-Jurisdiction Planning and Zoning [Titles 1-13] (Refs & Annos)
Title 4. Zoning (Refs & Annos)
Subtitle 4. Judicial Review (Refs & Annos)
Effective: October 1, 2015
MD Code, Land Use, § 4-402
§ 4-402. Manner of review; additional evidence
Currentness
Manner of review
(a) Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo.
Additional evidence
(b)(1) If, after a hearing, the circuit court determines that testimony is needed for the proper disposition of the matter, the court may take evidence or appoint a special magistrate to:
(i) take the required evidence; and
(ii) report the evidence to the court with the special magistrate's findings of fact and conclusions of law.
(2) The special magistrate's evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2015, c. 414, § 1, eff. Oct. 1, 2015.
MD Code, Land Use, § 4-402, MD LAND USE § 4-402
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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