(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.
Procedures
(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.
Credits
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.
MD Code, Land Use, § 23-401, MD LAND USE § 23-401
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
