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Session Laws, 1955
Volume 620, Page 990   View pdf image (33K)
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990                               LAWS OF MARYLAND                        [CH. 610

4-65. No plat shall be accepted for filing by the Clerk of the Circuit
Court for Baltimore County until it has been approved by the Plan-
ning Board and such approval has been endorsed on the instrument
in such manner as the Board of County Commissioners may designate.
It shall be the duty of the Clerk of the Circuit Court for Baltimore
County to notify the Planning Board in writing within three days of
the filing of any plat approved by the Planning Board, identifying
such plat by its title, date of filing and official number.

466.    If any person shall be aggrieved by the action of the Plan-
ning Board, an appeal may be taken to the Circuit Court for Balti-
more County within 30 days after the date of action by the Planning
Board. The said Court shall hear all appeals without the intervention
of a Jury and shall have power to affirm, modify or reverse in part
or in whole any decision appealed from and may remand any case
for the entering of a proper order or for further proceedings, as the
Court shall determine. Upon the hearing of such appeal, the decision
of the Planning Board shall be presumed by the Court to be proper
and to best serve the public interest; the burden
of proof shall be upon
the Appellant to show that the decision complained of was against
the public interest and that the Planning Board's discretion in render-
ing its decision was not honestly and fairly exercised, or such decision
was arbitrary, or procured by fraud, or unsupported by any substan-
tial evidence, or was unreasonable, or that such decision was beyond
the powers of the said Planning Board and was illegal.

467.    An appeal may be taken to the Court of Appeals of Maryland
from any decision of the Circuit Court of Baltimore County reviewing
the decision of the Planning Board. In such cases, the said Court
shall not award costs of the appeal against any party to the appeal
except the appellant.

468.    (a) If before approval of a plat has been obtained, any
person transfers, sells, or agrees to sell, as owner or agent, any land
which forms a part of a subdivision on which, by ordinance, the
Planning Board is required to act, such person shall be subject to a
fine not to exceed $200.00 or to imprisonment for not more than 30
days, and each parcel, plot or lot so disposed of shall be deemed a
separate violation.

(b)  In addition to the foregoing, the County Commissioners may
institute and maintain a civil action to set aside and invalidate any
conveyance made pursuant to such a contract or sale.

(c)  In any such action the transferee, purchaser or grantee shall
be entitled to a lien upon a portion of the land from which the sub-
division was made that remains in the possession of the subdivider,
his assigns or successors, to secure the return of any deposit made
or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the
instrument of transfer, sale or conveyance of said land, or within
six years if unrecorded.

(d)  In addition to the foregoing, if the conditions in any Public
Works Agreement executed in accordance with the provisions of
Section 462. (d) have been violated, the County Commissioners may
institute proceedings in the Circuit Court for Baltimore County for


 

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Session Laws, 1955
Volume 620, Page 990   View pdf image (33K)
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