City of Baltimore
Baltimore City Code

§ 3-13. Judicial review - In general.

(a) How and when sought; right to jury and view.

The persons appealing to the Board, as aforesaid, feeling aggrieved by any decision of the Board:

(1) may at any time within 30 days of a decision by the Board, appeal therefrom to the Circuit Court for Baltimore City as provided in Article VII, §88 of the City Charter; and

(2) shall be secured in the right of a jury trial to try any question of facts and, if necessary, to view any property in the City, to ascertain and decide on the amount of damages or benefit, under the direction of the court.

(b) Court's powers.

The court:

(1) may not reject or set aside the record of the proceedings of the Department of Transportation and Board for any defect or omission in either form or substance, but

(2) shall:

(i) amend or supply all defects and omissions;

(ii) increase or reduce the amount of damages and benefits assessed; and

(iii) alter, modify, and correct the return of proceedings, in all or any of its parts, as the court considers just and proper; and

(3) shall have full power, in his discretion, to add the reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for opening or closing said street, or to require such cost, or any part thereof, to be paid by all or by either of the appellants as the circumstances of each appeal in his opinion shall justify.

(c) Record of proceedings.

(1) The court shall cause:

(i) the proceedings and decisions on the returns and appeals to be entered in the book containing the record of the proceedings of the Department of Transportation, certified by the clerk, under the seal of the court; and

(ii) the book to be transmitted to the Department of Transportation, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Special Appeals.

(2) The record book, or a copy of the proceedings or any part of the proceedings in the record book, whether in court or out of court, certified by the Director of Transportation or the person or persons appointed by the Director as provided by § 3-1 shall be evidence in any court in this State.