Section 4-214 – Agricultural Alcohol Production Defined
(a) (1) In this section, “agricultural alcohol production” means an activity that: (i) is carried out by a license holder, as defined in § 1–101 of the Alcoholic Beverages Article; (ii) occurs on agricultural land; and (iii) is related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages that use ingredients produced on the agricultural land or any […]
Section 4-301 – Required
(a) A legislative body shall provide for the appointment of a board of appeals. (b) The legislative body may not serve as the board of appeals.
Section 4-302 – Membership
(a) A board of appeals consists of at least three members. (b) A member of a board of appeals shall be appointed by the local executive and confirmed by the legislative body. (c) The term of office of a member of a board of appeals is 3 years. (d) (1) A member of a board of appeals may be removed […]
Section 4-303 – Meetings; Compensation
(a) (1) The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board. (2) The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses. (3) All meetings of a board of appeals shall be open to […]
Section 4-304 – Miscellaneous Duties
(a) A board of appeals shall adopt rules in accordance with any local law adopted under this division. (b) A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest. (c) (1) (i) A board of […]
Section 4-305 – Powers — Appeals; Special Exceptions; Variances
A board of appeals may: (1) hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division; (2) hear and decide special exceptions to the terms of a local […]
Section 4-306 – Appeal — Procedures
(a) An appeal to the board of appeals may be filed by: (1) a person aggrieved by a decision of the administrative officer or unit; or (2) an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit. (b) A person shall file an appeal within a reasonable time provided by the rules […]
Section 4-401 – Procedure
(a) Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county: (1) a person aggrieved by the decision or action; (2) a taxpayer; or (3) an officer or unit of the local jurisdiction. (b) The […]
Section 4-402 – Manner of Review; Additional Evidence
(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 […]
Section 4-403 – Costs
The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted: (1) with gross negligence; (2) in bad faith; or (3) with malice.