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Section 4-905 - Scope of Judicial Review — Maryland Law | CourtGPT
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  8. Section 4-905 - Scope of Judicial Review
Maryland Legal Code

Section 4-905 - Scope of Judicial Review

(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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