Maryland Land Use Section 4.08

      (a)      (1)      Any of the following 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 the decision or action;

                  (ii)      Any taxpayer; or

                  (iii)      Any officer, department, board, or bureau of the local jurisdiction.

            (2)      The appeal shall be taken in accordance with Title 7, Chapter 200 of the Maryland Rules.

            (3)      This subsection does not change the existing standards for the review of a zoning action.

      (b)      (1)      Except as provided in paragraph (2) of this subsection, an appeal to a circuit court from the decision of a board of appeals or a hearing examiner under this section shall be decided by the circuit court on the record transmitted by the board of appeals or hearing examiner, and may not be heard de novo.

            (2)      If, after a hearing, the court determines that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take the required evidence and report the evidence to the court with the referee's findings of fact and conclusions of law.

            (3)      The referee's evidence, findings, and conclusions shall constitute a part of the proceedings on which the determination of the court shall be made.

      (c)      The circuit court may not allow costs against the board unless it appears to the court that the board, in making the decision that is the subject of the appeal, acted:

            (1)      With gross negligence;

            (2)      In bad faith; or

            (3)      With malice.

      (d)      All issues in any proceeding under this section shall be scheduled and heard before all other civil actions and proceedings.

      (e)      (1)      After deciding an appeal under this section, the circuit court shall file a formal order embodying its final decision.

            (2)      (i)      A party may file an appeal from a decision of the circuit court with the Court of Special Appeals, during the period and in the manner prescribed by the Maryland Rules.

                  (ii)      The Court of Special Appeals may award costs in any appeal to that court under this paragraph.

      (f)      (1)      In addition to the appeal provided in this section, a local legislative body may allow an appeal to the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction.

            (2)      A decision of the circuit court under this subsection may be appealed to the Court of Special Appeals.