Maryland Environment Section 16-308

Article - Environment

§ 16-308.

      (a)      The applicant, the county, or the municipal government where the land is located may appeal from the Secretary's decision under § 16-307 of this subtitle to the circuit court for the county in which the land is located within 30 days after the Secretary's decision.

      (b)      (1)      The court shall review the administrative record of the Secretary's decision.

            (2)      The court shall declare the Secretary's decision invalid if the court finds that the decision:

                  (i)      Is unconstitutional;

                  (ii)      Exceeds the statutory authority or jurisdiction of the Department;

                  (iii)      Results from an unlawful procedure;

                  (iv)      Is affected by any other error of law; or

                  (v)      Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted.

      (c)      An appellant to the circuit court or the Secretary may appeal the decision of the circuit court to the Court of Special Appeals.



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