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S.B. 624
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VETOES
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(3) [Nothing in this! THIS subsection [shall] DOES NOT change the
existing standards for THE review of [any] A zoning action.
(b) (1) If, [upon the] AFTER A hearing, [it shall appear to] the court
DETERMINES that testimony is necessary for the proper disposition of the matter, [it]
THE COURT may take evidence or appoint a referee to take [such] THE REQUIRED
evidence [as it may direct] and report [the same] THE EVIDENCE to the court with
[his] THE REFEREE'S findings of fact and conclusions of law[, which].
(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
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- 4032 -
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