Md. Code Ann., Land Use § 23-401
Authorized
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 2015, c. 365, § 1, eff. Oct. 1, 2015; Acts 2023, c. 49, § 6.State of Maryland
(a)
(1) Within 30 days after the county planning board takes final action on an application for subdivision approval, judicial review may be requested by:
- (i) a person aggrieved by the action;
- (ii) in Montgomery County, a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing; or
- (iii) in Prince George's County, a municipal corporation that appeared at the hearing in person, by attorney, or in writing.
- (2) A petition for judicial review filed under this section may be made to the circuit court for the appropriate county.
(3) The court may:
- (i) affirm or reverse the action; or
- (ii) remand the action to the county planning board for further consideration.
(b)
- (1) If a petition for judicial review is filed under this section, a copy of the petition shall be served on the county planning board in accordance with Maryland Rule 7-202(d).
(2) On receiving a copy of the petition, the county planning board 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 county planning board 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.
Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2013, c. 674, § 1, eff. July 1, 2013; Acts 2015, c. 365, § 1, eff. Oct. 1, 2015; Acts 2023, c. 49, § 6.