Md. Code Ann., Land Use § 22-402
Map amendments
Effective Dec 14, 2022Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2013, c. 674, § 1, eff. July 1, 2013; Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.State of Maryland
(a)
(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)
- (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 Appellate Court of Maryland.
- (4) The review proceedings provided by this section are exclusive.
(c)
- (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.
Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2013, c. 674, § 1, eff. July 1, 2013; Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.