Scope of judicial review

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    (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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