Section 4-401 – Procedure
(a) Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county: (1) a person aggrieved by the decision or action; (2) a taxpayer; or (3) an officer or unit of the local jurisdiction. (b) The […]
Section 4-402 – Manner of Review; Additional Evidence
(a) Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo. (b) (1) If, after a hearing, the circuit court determines that testimony is […]
Section 4-403 – Costs
The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted: (1) with gross negligence; (2) in bad faith; or (3) with malice.
Section 4-404 – Scheduling
All issues in any proceeding under this subtitle shall be scheduled and heard before all other civil actions and proceedings.
Section 4-405 – Order of Decision; Further Review
(a) After deciding a judicial review under this subtitle, the circuit court shall file a written order and opinion embodying the reasons for its decision. (b) (1) A party may file an appeal of a judgment of the circuit court with the Court of Special Appeals during the period and in the manner required by the Maryland Rules. […]
Section 4-406 – Additional Matters for Judicial Review
(a) In addition to the judicial review provided under this subtitle, a legislative body may allow judicial review by the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction. (b) A judgment of the circuit court under this section may be appealed to the Court of Special Appeals.