Ch. 5

LAWS OF MARYLAND

(i) The legislative body of the county makes a
specific finding based on evidence of record after a hearing held
in accordance with the requirements of subparagraph (ii) hereof
that there will be a significant adverse impact on the public
health, safety, or welfare affecting residents of the county in
unincorporated areas if such county legislation does not apply in
all municipalities located in such county;

(ii) The legislative body of the county
conducts a public hearing at which all municipalities in the
county and interested persons shall be given an opportunity to be
heard, notice of which is given by the mailing of certified mail
notice to each municipality in the county not less than 30 days
prior to the hearing and by publication in a newspaper of general
circulation in the county for 3 successive weeks, the first
publication to be not less than 30 days prior to the hearing; and

(iii) The county legislation is enacted by the
affirmative vote of not less than two-thirds of the authorized
membership of the county legislative body.

(4) County legislation which is enacted in accordance
with the procedures set forth in paragraph (b)(3) shall be
subject to judicial review of the finding made under subparagraph
(3)(i) and of the resultant applicability of such legislation to
municipalities in the county by the circuit court of the county
in accordance with the provisions of the Maryland Rules of
Procedure governing appeals from administrative agencies. Any
appeal shall be filed within 30 days of the effective date of
such county legislation. In any judicial proceeding commenced
under the provisions of this paragraph, the sole issues are
whether the county legislative body (1) complied with the
procedures of paragraph (b)(3), and (2) had before it sufficient
evidence from which a reasonable person could conclude that there
will be a significant adverse impact on the public health,
safety, or welfare affecting residents of the county in
unincorporated areas if such county legislation does not apply in
all municipalities located in the county. The issues shall be
decided by the court without a jury. In the event that the court
reverses such finding, the legislation shall continue to apply in
unincorporated areas of the county and the applicability of such
county legislation in municipalities shall be governed by the
provisions of subsection (a) of this section. The decision of
the circuit court in any such proceeding shall be subject to
further appeal to the court of special appeals by the county or
any municipality in the county.

DRAFTER'S NOTE:

Error: Stylistic error in Article 23A, § 2B(b).

Occurred: Ch. 398, Acts of 1983.

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