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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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LAND USE |
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DIVISION II. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION. |
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TITLE 22. ZONING. |
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SUBTITLE 4. JUDICIAL REVIEW. |
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PART I. MONTGOMERY COUNTY. |
§ 22-402. Map amendments.
Latest version.
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(a) Judicial review authorized. --
(1) Judicial review of a final action of the district council on an application for an individual map amendment or a sectional map amendment may be requested by:
(i) a person aggrieved by the action; or
(ii) a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2) A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the district council takes the final action.
(3) The court may:
(i) affirm or reverse the action;
(ii) for any reason, remand the action to the district council for further consideration; or
(iii) dismiss the petition.
(b) Procedure. --
(1) When a petition for judicial review is filed, a copy of the petition shall be served on the district council in accordance with Maryland Rule 7-202(d).
(2) On receiving a copy of the petition, the district council shall:
(i) promptly give notice of the petition to all parties to the proceeding before it; and
(ii) within 30 days after the filing of the petition, file with the circuit court:
1. the originals or certified copies of all papers and evidence presented to the district council in the proceeding before it; and
2. a copy of its opinion and resolution deciding the application.
(3) Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Court of Special Appeals.
(4) The review proceedings provided by this section are exclusive.
(c) Finality of action; reconsideration. --
(1) The action of the district council shall be considered final unless, within 30 days after the action, the district council, on its own motion for any reason, reconsiders the action.
(2) The time for appeal provided in this section shall be stayed until any reconsideration is concluded.