§ 22-407. Judicial review.

   (a) Authorized. --

   (1) Judicial review of a final decision of the district council amendment, including an individual map amendment or a sectional map amendment, may be requested by:

      (i) any municipal corporation, governed special taxing district, or person in the county;

      (ii) any civic or homeowners association representing property owners affected by the final decision; or

      (iii) if aggrieved, the applicant for the zoning map amendment.

   (2) A petition for judicial review under this subsection shall be filed in the Circuit Court for Prince George's County within 30 days after service of the final decision by the district council.

   (3) Copies of the petition shall be served on the district council and all other persons of record in accordance with the Maryland Rules.

   (4) The filing of the petition does not stay enforcement of the final decision of the district council, but the district council may stay enforcement of its final decision or the reviewing court may order a stay on terms it considers proper.

(b) Procedure for judicial review. --

   (1) Within 30 days after service of a petition under subsection (a) of this section, or within an additional period of time authorized by the court, the district council shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review.

   (2) The court may:

      (i) shorten the record by stipulation of all parties to the review proceeding;

      (ii) charge any party unreasonably refusing to stipulate to limit the record for the additional cost; and

      (iii) require or allow subsequent corrections to the record that the court considers advisable.

(c) Taking additional evidence. --

   (1) The court shall order that additional evidence be taken before the district council on conditions the court considers proper if:

      (i) before the date set for the hearing on the petition for judicial review, the petitioner or any party in interest makes a written application to show cause to the court for leave to present additional evidence on the issues in the case; and

      (ii) it is shown to the satisfaction of the court after a hearing that the additional evidence is material and that there were good reasons for the failure to present the additional evidence in the proceedings before the district council.

   (2) If the court orders that additional evidence be taken before the district council, it shall immediately remand the case to the district council to receive that additional evidence.

   (3) If the district council receives additional evidence, the district council:

      (i) may modify or reverse its previous findings and decision because of the additional evidence; and

      (ii) shall file with the reviewing court, to become part of the record, the additional evidence together with any modifications or new findings or decision.

(d) Court procedure. --

   (1) The court shall conduct the judicial review without a jury.

   (2) In cases where there are alleged irregularities in procedure before the district council not shown in the record, testimony relating to the alleged irregularities may be taken in the court.

   (3) The court shall hear oral argument and receive written briefs on request.

(e) Court's action. -- The court may:

   (1) affirm the decision of the district council;

   (2) remand the case for further proceedings; or

   (3) reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the district council's action is:

      (i) unconstitutional;

      (ii) in excess of the statutory authority or jurisdiction of the district council;

      (iii) made on unlawful procedure;

      (iv) affected by other error of law;

      (v) unsupported by competent, material, and substantial evidence in view of the entire record as submitted; or

      (vi) arbitrary or capricious.

(f) Further right of appeal. --

   (1) A final judgment of the circuit court may be appealed to the Court of Special Appeals by:

      (i) the district council;

      (ii) the applicant; or

      (iii) any aggrieved party to the circuit court proceedings.

   (2) Each member of the district council is entitled to vote on whether the district council shall appeal to the Court of Special Appeals, regardless of whether the member participated in the hearing on the matter or in the decision.

HISTORY: An. Code 1957, art. 28, § 8-106(e)-(j); 2012, ch. 426, § 2; 2013, ch. 674.