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Session Laws, 1957
Volume 640, Page 559   View pdf image (33K)
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Theodore R. McKeldin, Governor                    559

the Circuit Court for any County or before any Judge of the Supreme
Bench of Baltimore City, in any Court of Baltimore City of ap-
propriate jurisdiction against the State Board of Health as de-
fendant, to vacate and set aside any such order or regulation on the
ground that such order or regulation is unlawful or unreasonable,
or that said order is not necessary for the protection of the public
health or comfort, in which action a copy of the complaint shall be
served with the summons. The answer of the State Board of Health
shall be filed within 10 days, whereupon said cause shall be at issue,
and stand ready for trial upon 15 days' notice to either party. All
such actions shall have precedence over any civil cause of a different
nature, except appeals from an order of the Public Service Com-
mission, and the said Courts shall always be deemed open for trial
thereof, and the same shall be tried and determined as other civil
actions. Either party to said action [, within 20 days after service of
a copy of the order or judgment of any Court of Baltimore City or of
the Circuit Court of any county,] may appeal to the Court of Appeals
of Maryland.

411. (K) TO FIX, ALTER, CHARGE AND COLLECT RATES,
FEES AND CHARGES FOR THE USE OF OR FOR THE SERV-
ICES FURNISHED BY ITS SYSTEMS AND EACH OF THEM
FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT OF
THE EXPENSES OF THE AUTHORITY, THE CONSTRUCTION,
RECONSTRUCTION, EXTENSION, REPAIR, IMPROVEMENTS,
MAINTENANCE AND OPERATION OF ITS FACILITIES AND
PROPERTIES, THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON ITS BONDS, AND TO FULFILL THE TERMS
AND PROVISIONS OF ANY AGREEMENTS MADE WITH THE
PURCHASERS OR HOLDERS OF ANY OF ITS BONDS, OR
WITH THE MUNICIPALITY OR MUNICIPALITIES INCORPO-
RATING, OR THE MUNICIPALITIES WHICH ARE MEMBERS
OF, SAID AUTHORITY OR WITH ANY MUNICIPALITY
SERVED OR TO BE SERVED BY SAID AUTHORITY; SAID
RATES, FEES AND CHARGES TO BE AT REASONABLE AND
UNIFORM RATES TO BE DETERMINED EXCLUSIVELY BY
THE AUTHORITY. ANY PERSON QUESTIONING THE REA-
SONABLENESS OR UNIFORMITY OF ANY RATE, FEE OR
CHARGE FIXED BY AN AUTHORITY MAY BRING SUIT
AGAINST THE AUTHORITY IN THE CIRCUIT COURT OF THE
COUNTY WHEREIN THE PROJECT IS LOCATED OR IN THE
CIRCUIT COURT OF BALTIMORE CITY IF THE PROJECT IS
LOCATED IN BALTIMORE CITY, OR IF THE PROJECT IS
LOCATED IN ONE OR MORE MUNICIPALITIES THEN IN THE
CIRCUIT COURT OF THE COUNTY WHEREIN THE PRINCI-
PAL OFFICE OF THE PROJECT IS LOCATED OR IN THE
CIRCUIT COURT OF BALTIMORE CITY IF THE PRINCIPAL
OFFICE OF THE PROJECT IS LOCATED IN BALTIMORE
CITY. THE SAID COURT SHALL HAVE EXCLUSIVE JURIS-
DICTION TO DETERMINE THE REASONABLENESS AND
UNIFORMITY OF THE RATES, FEES AND OTHER CHARGES
FIXED, ALTERED, CHARGED OR COLLECTED BY AN AU-
THORITY. APPEALS MAY BE TAKEN TO THE COURT OF
APPEALS FROM THE DECISION OF A LOWER COURT.

535. Any applicant for a permit, or any permit-holder who shall
feel aggrieved by the action of the health authority in failing to

 

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Session Laws, 1957
Volume 640, Page 559   View pdf image (33K)
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