Maryland Political Subdivisions - Miscellaneous Provisions Section 4-212

Article - Political Subdivisions - Miscellaneous Provisions

§ 4-212.

      (a)      (1)      The circuit courts of this State have jurisdiction over any civil action brought to enforce the provisions of this subtitle.

            (2)      Any person denied the rights conferred by this subtitle may commence a civil action by petitioning for mandamus, injunction or other appropriate remedy in any court of competent jurisdiction. The court shall hear the petition within seven days from the time it is made.

            (3)      It is not necessary for the plaintiff to allege or prove an irreparable injury or injury different from the public at large. Violation of this subtitle is an injury to the public at large.

            (4)      The court shall render a decree granting or denying all or part of the relief prayed for, determining the rights of the parties as to attorney's fees and costs, and determining the effect of any action alleged to be in violation of this subtitle.

            (5)      The provisions of this subtitle apply to conduct and actions occurring after July 1, 1976; and a party shall commence an action within one year of the alleged violation.

      (b)      Any person who wilfully violates this subtitle is guilty of a misdemeanor and punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year, or both. Where a civil decree finding the defendant in violation of the provisions of this subtitle is not entered on at least one occasion prior to the occurrence of the alleged misdemeanor, a violation of this subtitle is presumed not to be wilful.



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