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§ 6-836.1. Challenges to immunity from liability; discovery, hearing and determination

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 8. Reduction of Lead Risk in Housing (Refs & Annos)
Part V. Qualified Offer (Refs & Annos)
MD Code, Environment, § 6-836.1
§ 6-836.1. Challenges to immunity from liability; discovery, hearing and determination
Currentness
In an action in which the owner's immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall:
(1) Allow discovery limited solely to the issue of the owner's immunity under § 6-835 or § 6-836 of this subtitle;
(2) Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;
(3) Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and
(4) Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.

Credits

Added by Acts 2004, c. 540, § 1, eff. June 1, 2004.
MD Code, Environment, § 6-836.1, MD ENVIR § 6-836.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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