2013 Maryland Code
LAND USE
§ 4-402 - Manner of review; additional evidence.


MD Land Use Code § 4-402 (2013) What's This?

§4-402.

(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.

(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 master to:

(i) take the required evidence; and

(ii) report the evidence to the court with the special master’s findings of fact and conclusions of law.

(2) The special master’s evidence, findings, and conclusions shall constitute a part of the proceedings on which the court shall make its determination.

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