Maryland Maryland-National Capital Park and Planning Commission Section 8-106

      (a)      In Prince George's County there shall be a stenographic record made by a duly authorized and competent stenographer or reporter of all hearings on petitions for zoning map amendments as provided herein. The stenographic record made may not be destroyed until the time for appeal or rehearing on any petition for zoning map amendments has expired.

      (b)      The person, corporation, or party making application for a zoning map amendment at the time of paying the advertising costs shall pay an additional filing fee of $5. Any person, corporation, or party noting an appeal from the decision of the district council, or who or which for any reason requests a transcript to be transcribed as herein provided, shall pay to the county the cost of estimated costs of transcribing the stenographic record.

      (c)      Each district council may include in its regulations provisions for additional notice of the public hearing on any proposal for amendment of its zoning plan or regulations, to be given to the owners (as they appear on the assessment rolls of the county) of properties adjoining or across the road from, or in the same block as, or in the general vicinity of, the properties involved in the proposed amendment. The notice may be given by mail or by posting of the notice on or in the vicinity of the properties involved in the proposal, or both.

      (d)      For purposes of this section and §§ 8-104 and 8-105 of this article herein, the word "amend" or "amendment" shall be deemed to include any modification of the text or phraseology of a regulation or of any provision of the regulations, or any repeal or elimination of any regulation or part thereof, or any addition to the regulations, or any new regulation, or any change in the number, shape, boundary, or area of the districts, or of any district, or any repeal or abolition of any map or part thereof, or any addition to any map, or any new map, or any other change in the map or maps. For the purpose of this and other sections of this title the words "regulate", "regulation", or "regulations" shall be deemed to include "restrict", "restrictions", "limit", "limitations", "prohibit" and "prohibitions".

      (e)      In Prince George's County, any incorporated municipality located in Prince George's County, any person or taxpayer in Prince George's County, any civic or homeowners association representing property owners affected by a final district council decision, and, if aggrieved, the applicant may have judicial review of any final decision of the district council. Proceedings for review shall be instituted by filing a petition in the Circuit Court of Prince George's County within 30 days after service of the final decision of the district council, which may be served upon all persons of record at the district council's hearing. Copies of the petition shall be served on the district council and all other persons of record in the manner provided by the rules of court. The filing of the petition does not stay enforcement of the district council's decision; but the district council may do so, or the reviewing court may order a stay upon terms it deems proper.

      (f)      Within 30 days of service of a petition or within whatever further time as the court may allow, the district council shall transmit to the reviewing court the original or a certified copy of the entire record of proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections to the record when deemed advisable.

      (g)      If written application by petition to show cause is made to the court before the date set for hearing for leave to present additional evidence on the issues in the case either by the party appealing or any party in interest, and if it is shown to the satisfaction of the court after a hearing thereon that the additional evidence is material and that there were good reasons for failure to present it in the proceedings before the district council, the court shall order that the additional evidence be taken before the district council upon conditions which the court deems proper, and the case shall be forthwith remanded to the district council for the taking of additional testimony. In cases in which the additional evidence is taken before the district council, the district council may modify or reverse its previous findings and decision by reason of the additional evidence and shall file with the reviewing court, to become part of the record, the additional evidence together with any modifications or new findings or decision.

      (h)      The review shall be conducted by the court without a jury. In cases of alleged irregularities in procedure before the district council not shown in the record, testimony thereon may be taken in the court. The court upon request shall hear oral argument and receive written briefs.

      (i)      The court may affirm the decision of the district council or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners have been prejudiced because the administrative findings, inferences, conclusions, or decisions are (1) in violation of constitutional provisions; or (2) in excess of the statutory authority or jurisdiction of the agency; or (3) made upon unlawful procedure; or (4) affected by other error of law; or (5) unsupported by competent, material and substantial evidence in view of the entire record as submitted; or (6) arbitrary or capricious.

      (j)      In Prince George's County, the district council, the applicant, or any party to the circuit court review who is an aggrieved party may secure a review of any final judgment of the Prince George's County Circuit Court under this title by appeal to the Court of Special Appeals. The appeal shall be taken in the manner provided by law for appeals from law courts in other civil cases. Each member of the district council in Prince George's County is entitled to vote on whether the district council shall appeal to the Court of Special Appeals, regardless of whether the member participated in the hearing on the matter or in the decision.

      (k)      This section applies only in that portion of the regional district that lies within Prince George's County.