§ 4–905
Statutes in effect as of October 1, 2026.
Md. Code Ann., Alco. Bev. § 4-905 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–905LinkCopy Citation
(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.