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Maryland Code, Alcoholic Beverages and Cannabis § 4-905

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.

(b) A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:

(1) against the public interest; and

(2)(i) not honestly and fairly arrived at;

(ii) arbitrary;

(iii) procured by fraud;

(iv) unsupported by substantial evidence;

(v) unreasonable;

(vi) beyond the powers of the board; or

(vii) illegal.

(c) A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.

(d) The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:

(1) it is impracticable to determine the question presented to the court without the hearing of additional evidence;

(2) a qualified litigant has been deprived of the opportunity to offer evidence; or

(3) the interests of justice require that further evidence should be taken.

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Cite this article: FindLaw.com - Maryland Code, Alcoholic Beverages and Cannabis § 4-905 - last updated January 01, 2025 | https://codes.findlaw.com/md/alcoholic-beverages-and-cannabis/md-code-al-bev-sect-4-905/

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