(a) If a party in a matter adjudicated by the Board of Appeals is aggrieved by a final decision of the Board in the matter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(b) Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect pending a final decision of the court. (Mont. Co. Code 1965, § 2-92; 1971 L.M.C., ch. 10, § 3; , § 1.)
Editor's note-In Cohen v. Willet, 269 Md. 194, 304 A.2d 824 (1973), it was held that the Circuit Court cannot remand an appeal from the denial of a special exception for additional consideration unless it finds that the action of the Board of Appeals was not in accordance with law. In the Maryland-National Capital Park and Planning Commission v. Montgomery County, Maryland, 267 Md. 82, 296 A.2d 692 (1972), it was held that such Commission had no right under the above section's predecessor to appeal from a decision of the Board of Appeals granting a special exception. In Hertilendy v. Montgomery County Board of Appeals, 245 Md. 554, 226 A.2d 672 (1967), it was held that a landowner who had sent a letter to the Board protesting the granting of a variance, but who had not appeared personally before the Board was an aggrieved person entitled to appeal. In Bayer v. Siskind, 247 Md. 116, 230 A.2d 316 (1967), it was held that the right to appeal on grounds that cross-examination of witnesses was denied in hearings before the Board of Appeals is waived if an objection to being denied cross-examination is not made at the hearing. In Bryniarski v. Montgomery County Board of Appeals, 247 Md. 137, 230 A.2d 289 (1967), it was held that an "owner of property immediately contiguous or in close proximity" to property being
rezoned is an aggrieved party with the right to appear and be heard by the Board of Appeals and appeal the board's decision in the courts. In Baxter v. Montgomery County Board of Appeals, 248 Md. 111, 235 A.2d 536 (1967), it was held that persons who sign a petition in opposition to the grant of a special exception are parties aggrieved for the purpose of an appeal from the grant of a special exception. In Montgomery County Board of Appeals v. Walker, 228 Md. 574, 180 A.2d 865 (1965), it was held that a member of the County Board of Appeals was justified in disqualifying himself from a case where he had vigorously opposed a previous rezoning request made by the same parties and had thereafter continuously been legal counsel for a company owned by one of the applicants. Such case also held that the Board was also a party to an appeal to the courts. Section 2-114 [formerly §2-92] is cited in Town of Somerset v. Montgomery County Board of Appeals, 245 Md. 52, 225 A.2d 294 (1966). Section 2- 114 [formerly §2-83] is quoted in part in Symonds v. Bucklin, 197 F.Supp. 682 (D.Md. 1961).
2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
