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Ch. 426
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2000 LAWS OF MARYLAND
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(2) THE REFEREE'S EVIDENCE, FINDINGS, AND CONCLUSIONS shall
constitute a part of the proceedings [upon) ON which the determination of the court
shall be made.
(c) [Costs shall not be allowed] THE CIRCUIT COURT MAY NOT ALLOW COSTS
against the board unless it [shall appear] APPEARS to the [circuit] court that [it]
THE BOARD, IN MAKING THE DECISION THAT IS THE SUBJECT OF THE APPEAL, acted:
(1) [with] WITH gross negligence;
(2) [, or in] IN bad faith[,]; or
(3) [with] WITH malice [in making the decision appealed from).
(d) All issues in any proceeding under this section shall [have preference
over) BE SCHEDULED AND HEARD BEFORE all other civil actions and proceedings.
(e) (1) [Upon its determination of the case] AFTER DECIDING AN APPEAL
UNDER THIS SECTION, the circuit court shall file a formal order embodying its final
decision.
(2) (I) [An appeal may be taken to] A PARTY MAY FILE AN APPEAL
FROM A DECISION OF THE CIRCUIT COURT WITH the Court of Special Appeals, during
the period and in the manner prescribed by the Maryland Rules[, from any decision
of the circuit court. In such cases the award of costs shall be subject to the discretion
of the].
(II) THE Court of Special Appeals MAY AWARD COSTS IN ANY
APPEAL TO THAT COURT UNDER THIS PARAGRAPH.
(f) (1) In addition to the appeal provided in this section, a local legislative
body may [provide for] ALLOW AN appeal to the circuit court of any matter arising
under the planning and zoning laws of the [county or municipal corporation) LOCAL
JURISDICTION.
(2) [The] A decision of the circuit court UNDER THIS SUBSECTION may
be appealed to the Court of Special Appeals.
4.09. Implementation of economic growth and resource protection provisions.
[(a)] On or before July 1, 1997, and subsequently at intervals of no more than 6
years which correspond to the plan revision under ARTICLE 66B, § 3.05(b) of [this
article] THE CODE, a local jurisdiction shall ensure that the implementation of the
provisions of the plan that comply with ARTICLE 66B, [§§ 3.05(a)(1)(vi) and (viii) and
3.06(b)] §§ 1.01, 3.05(A)(4)(VII), AND 3.06(C) of [this article] THE CODE are achieved
through the adoption of applicable zoning ordinances and regulations, planned
development ordinances and regulations, subdivision ordinances and regulations, and
other land use ordinances and regulations that are consistent with the plan.
[(b) Unless comprehensive rezoning is required to comply with subsection (a) of
this section, nothing in subsection (a) of this section shall require or limit the
authority of a local jurisdiction to undertake or adopt a comprehensive rezoning prior
to July 1, 1997.]
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- 2334 -
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