Jordan Towing6/12/2002
iteria" that would have to be considered and indicated that the Baltimore County Code had long been interpreted to require proof of a need for additional tow trucks to satisfy these criteria. Mr. Freeman also told Mr. Jordan that, as things stood, there was no need for additional tow trucks almost anywhere in Baltimore County. Mr. Jordan questioned whether there were any African-American towers in Baltimore County, and, if not, he questioned the fairness of the licensing policy. In response, Mr. Freeman stated, " nd I gave a pause, and I thought, and I said, `Frankly, no, I don't think it's fair; however, in order to remedy the situation, I think probably what has to be done is is that we need to - there has to be a change in the Baltimore County ode.'"
After further consideration of the Baltimore County Code and what he perceived to be a problem, Mr. Freeman concluded that because the DPM had the authority pursuant to section 24-229 to approve or disapprove licenses based upon "need," which is not specifically defined by the Baltimore County Code, he could determine need in other ways or define need beyond the criteria.
Therefore, to define need, Mr. Freemen departed from the criteria and turned to the definition of need in both Black's Law Dictionary and Webster's Dictionary. Based upon these expansive definitions, Mr. Freeman then concluded that need was not to be limited to the stated requirements, i.e., the "Need Criteria" for the approval of additional licensed towers, but rather that need could be based on inclusiveness and diversity. Mr. Freeman acknowledged that the consideration of appellant's towing license was based on the sole fact that appellant was a minority owned business and that absent concerns for diversity, the license would not be approved because there would be no justification for an additional license pursuant to the criteria typically used. On May 11, 1999, in order, allegedly, to be fair and inclusive and to promote diversity in light of Baltimore County's policy against any form of discrimination, Mr. Freeman granted appellant's license application.
Following the issuance of the license to appellant, a timely appeal was noted by appellants, existing licensed towers in the Woodlawn area, to the Board of Appeals. On June 31, 2001, the Board of Appeals issued an opinion and order reversing the DPM's approval of the license and denying appellant's license application. The Board of Appeals determined that the DPM was arbitrary, capricious and discriminatory in issuing appellant's license and found that the granting of the license violated the "Equal Protection clause." Appellant sought judicial review of the Board of Appeals' decision in the Circuit Court for Baltimore County. On July 7, 2001, the Circuit Court affirmed the decision of the Board of Appeals. Appellant then filed a Notice of Appeal with the Court of Special Appeals. As we have indicated, we granted certiorari on our own motion prior to this case being heard by the Court of Special Appeals.
II. Standard of Review
In our recent case of Gigeous v. ECI, 363 Md. 481, 769 A.2d 912 (2001), Judge Harrell, writing for the Court, discussed the review of an administrative agency's decision:
"We review an administrative agency's decision under the same statutory standards as the Circuit Court. Therefore, we reevaluate the decision of the agency, not the decision of the lower court. Public Serv. Comm'n v. Baltimore Gas & Elec. Co., 273 Md. 357, 362, 329 A.2d 691, 694-95 (1974). Moreover, in United Parcel Service, Inc. v. People's Counsel for Baltimore County, 336 Md. 569, 650 A.2d 226 (1994), we stated generally that ` udicial review of administrative agency a
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