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Session Laws, 1985
Volume 760, Page 1850   View pdf image
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1850                                         LAWS OF MARYLAND                                     Ch. 173

(1)  ANY PERSON WHO QUESTIONS WHETHER THE RATES, FEES,
OR CHARGES OF AN AUTHORITY ARE REASONABLE OR UNIFORM MAY SUE THE
AUTHORITY:

(I)  IN THE CIRCUIT COURT FOR THE COUNTY IN
WHICH THE PROJECT IS LOCATED; OR

(II)  IF THE PROJECT IS LOCATED IN 2 OR MORE
COUNTIES, IN THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE
PRINCIPAL OFFICE OF THE PROJECT IS LOCATED.

(2)  THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO
DETERMINE THE REASONABLENESS AND UNIFORMITY OF THE RATES, FEES,
AND OTHER CHARGES OF AN AUTHORITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former HE §§
9-906(b)(ll) and 9-911(a) and (b).

In subsections (a) and (f)(2) of this section, the
former references to "alter" and "altered" are deleted
as unnecessary in light of the general power of an
authority to set rates, fees, and charges, which
includes the power to alter and set different rates,
fees, and charges.

In subsection (a)(1)(ii) of this section, the former
word "reconstruction" is deleted as unnecessary in
light of the other provisions of this subsection.

In subsection (e)(2) of this section, the reference to
uniformity "by class" is added to conform to the way
in which water and sewerage rates are set in practice.

Subsection (f)(1)(ii) of this section is revised to
state expressly that a project must be in 2 or more
counties before the location of the principal office
of the project determines which circuit court has
jurisdiction. The Commission to Revise the Annotated
Code determined that the former reference to a project
"located "in one or more" political subdivisions made
no sense, since a project will always be in 1 or more
municipalities. The only situation in which more than
1 circuit court has jurisdiction over a project is if
the project is located in 2 or more counties. No
change of substance is intended.

The former reference to the right of appeal from a
decision of the lower court to the Court of Special
Appeals is deleted as unnecessary, since the general
right to appeal is already provided for under CJ §§
12-301 and 12-302.

9-947. SAME -- ADDITIONAL CHARGES FOR BURDENSOME WASTE.

 

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Session Laws, 1985
Volume 760, Page 1850   View pdf image
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