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Any interested person shall have the right to submit oral or written testimony or documentary evidence into the record at the hearing of any application subject to the regulations adopted by the district council under section 59-H-4.3. A complete record of the testimony at the hearing must be taken and retained together with all exhibits of record. A transcript of the testimony must be made in those cases where it is necessary for District Council review, approval, or preparation of the hearing examiner's report and recommendation. The zoning map and any sectional or district zoning, general, master, sector, functional or highway plan or map adopted by the commission for the area within which lies the land proposed to be reclassified, shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant or unduly repetitious may be excluded.
(Ord. No. 13-44, § 2.)
Editor's note-In Byrniarski v. Montgomery County Board of Appeals, 247 Md. 137, 230 A.2d 239 (1967), it was held that the owner of property which is immediately contiguous to or in close proximity to the property for which a special exception or variance is sought is an aggrieved party who has the right to argue before the board of appeals and appeal to court. The court also held that an aggrieved party cannot be denied the right to cross examine witnesses at the hearing before the Board of Appeals. Section 59-H-4.4 [formerly §§ 59-204 to 59-207] is discussed in Montgomery County v. Woodward & Lothrop, Inc., 280 Md. 686, 376 A.2d 483 (1977).