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Session Laws, 1984
Volume 759, Page 788   View pdf image
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788

LAWS OF MARYLAND

Ch. 255

resolution. The district council may adopt ordinances and
regulations necessary to provide adequate notice, public
hearings, and enforcement procedures for the implementation of
this section.

8-105.

(a)   In Montgomery County, a final action of the district
council on any application for a map amendment, within 30 days
after the action is taken by the council, may be appealed by any
person aggrieved by the action, or by any person, municipality,
corporation, or association, whether or not incorporated, which
has appeared at the hearing in person, by attorney or in writing
to the circuit court for the county which has the power to affirm
or reverse the action appealed from, or remand the same to the
district council for further consideration for any reason, or
dismiss the appeal as now or hereafter provided by law.

(b)  Whenever any appeal is taken, a copy thereof shall be
served on the district council in the manner provided in Rule [B2
(c)] B2C of the Maryland Rules of Procedure, and the district
council shall promptly give notice of the appeal to all parties
to the proceeding before it and, within 30 days after the filing
of the appeal, shall file with the courts the originals or
certified copies of all papers and evidence presented to the
council in the proceeding before it, together with a copy of its
opinion and resolution deciding the application. Any party to
the proceedings in the circuit court aggrieved by the decision of
the court may appeal from the decision to the Court of Special
Appeals. The review proceedings provided by this section are
exclusive.

(c)  The action of the district council shall be deemed to
be final, unless the council, within 30 days thereafter on its
own motion, for any reason, reconsiders its action. The time for
appeal herein provided shall be stayed until any reconsideration
is determined and concluded.

8-106.

(e) In Prince George's County, any incorporated
municipality located in Prince George's County, any person or
taxpayer in Prince George's County, AND the applicant who is an
aggrieved [party,] PARTY may have judicial review of any final
decision of the district council. Proceedings for review shall be
instituted by filing a petition in the Circuit Court of Prince
George's County within 30 days after service of the final
decision of the district council, which may be served upon all
persons of record at the district council's hearing. Copies of
the petition shall be served on the district council and all
other persons of record in the manner provided by the rules of
court. The filing of the petition does not stay enforcement of
the district council's decision; but the district council may do
so, or the reviewing court may order a stay upon terms it deems
proper.

 

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Session Laws, 1984
Volume 759, Page 788   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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