Maryland Code, LAND USE 23-401
Terms Used In Maryland Code, LAND USE 23-401
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means a county of the State or Baltimore City. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(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 Court of Special Appeals.
(4) The review proceedings provided by this section are exclusive.