§ 25-302. Judicial review.

   (a) By circuit court. --

   (1) Except as provided in subsection (b) of this section, any party of record to an action of the governing body of a municipal corporation exercised under § 25-301(c) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

   (2) Any party to an action of the governing body of a municipal corporation or the county planning board exercised under § 25-301(d) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

(b) Actions required before judicial review. --

   (1) With respect to an action taken under the general delegation authorized under § 25-301(c) of this subtitle, before exercising the right to judicial review under subsection (a)(1) of this section, a party of record shall appeal the action of the governing body of the municipal corporation to the district council for review on the record if the action concerns:

      (i) certification, revocation, or revision of nonconforming uses; or

      (ii) detailed site plans.

   (2) On appeal, the district council may:

      (i) approve the action of the municipal corporation by a majority vote of its members; or

      (ii) approve the action of the municipal corporation with conditions or overrule the action by a vote of at least six members.

   (3) (i) A person aggrieved by the action of the district council under this subsection may request judicial review of the action by the circuit court.

      (ii) The municipal corporation whose action is affected by the action of the district council shall be considered an aggrieved person.

HISTORY: An. Code 1957, art. 28, § 8-112.3(d), 8-112.4(c); 2012, ch. 426, § 2.