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3346
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Ch. 863
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LAWS OF MARYLAND
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(2) IF A WILFUL VIOLATION OF SECTION 10 12
IS ALLEGED, THE ACTION SUIT SHALL BE FILED WITHIN 30 45
DAYS AFTER THE PUBLIC MEETING FOR WHICH NOTICE WAS NOT
PROPERLY GIVEN.
(C) IN ANY ACTION UNDER THIS SECTION, IT SHALL BE
PRESUMED THAT THE PUBLIC BODY DID NOT WILFULLY VIOLATE
SECTIONS 8(A) OR 10 10 OR 12, AND THE BURDEN OF PROVING A
WILFUL VIOLATION IS ON THE COMPLAINANT.
(D) THE PROCEEDING MAY BE CONSOLIDATED WITH ANY
OTHER APPEAL FROM THE ACTION OR DECISION OF THE PUBLIC
BODY, BUT SHALL BE TRIED BY THE COURT WITHOUT A JURY.
(E) THE COURT MAY NOT DECLARE VOID THE ACTION OR
DECISION OF THE PUBLIC BODY BY REASON OF A VIOLATION OF
THIS SUBTITLE UNLESS IT FINDS THAT:
(1) THE COMPLAINANT HAS STANDING UNDER AND
HAS ACTED TIMELY IN ACCORDANCE WITH SUBSECTION (A);
(2) THE ACTION OR DECISION WAS TAKEN OR MADE
IN WILFUL VIOLATION OF SECTION 8(A) OR 10; AND
(3) NO REMEDY OTHER THAN DECLARING VOID THE
ACTION OR DECISION WOULD BE ADEQUATE UNDER THE
CIRCUMSTANCES.
(E) (1) IN AN ACTION UNDER THIS SUBTITLE THE
COURT IS AUTHORIZED TO ISSUE AND INJUNCTION TO DETERMINE
THE APPLICABILITY OF THIS SUBTITLE TO THE DISCUSSIONS OR
DECISIONS OF PUBLIC BODIES, OR TO GRANT SUCH OTHER BELIEF
AS MAY BE APPROPRIATE.
(2) IN AN ACTION UNDER THIS SUBTITLE, THE
COURT MAY DECLARE VOID ANY FINAL ACTION__TAKEN AT A
MEETING HELD IN WILFUL VIOLATION OF SECTIONS AND OR 12
OF THIS SUBTITLE IF THE COURT FINDS THAT NO OTHER REMEDY
WOULD BE ADEQUATE UNDER THE CIRCUMSTANCES. HOWEVER, THE
ACTION OF A PUBLIC BODY MAY NOT BE VOIDED BECAUSE OF THE
VIOLATION OF THE SUBTITLE BY ANY OTHER PUBLIC BODY.
(F) SUBJECT TO THE PROVISIONS OF SUBSECTION (E),
THE COURT MAY DECLARE VOID THE ACTION OR DECISION OF THE
PUBLIC BODY THAT WILFULLY VIOLATED SECTION 8(A) OR 10,
REMAND THE MATTER TO THE PUBLIC BODY, OR GRANT OTHER
APPROPRIATE RELIEF WITHIN ITS POWER AND JURISDICTION.
THE ACTION OF A PUBLIC BODY MAY NOT BE VOIDED BY THE
VIOLATION OF THIS SUBTITLE BY ANY OTHER PUBLIC BODY. IF
THE COURT FINDS THAT A PUBLIC BODY ACTED IN WILFUL
VIOLATION OF SECTION 8(A) OR 10, IT MAY DETERMINE WHETHER
ANY MEMBER OF THE PUBLIC BODY KNOWINGLY AND WILFULLY
PARTICIPATED IN THAT VIOLATION.
(G) (F) THE COURT MAY, AS PART OF ITS JUDGMENT,
ASSESS AGAINST ANY PARTY REASONABLE ATTORNEYS' FEES AND
OTHER LITIGATION EXPENSES INCURRED BY ANY OTHER PARTY WHO
PREVAILS IN THE ACTION. IF THE COURT DEEMS IT
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