2013 Maryland Code
LAND USE
§ 22-403 - Special exceptions and variances [Effective until October 1, 2013].
§22-403.
(a) (1) Notwithstanding Article 25A, § 5(U) of the Code, judicial review of a decision by the board of appeals on an application for a zoning variance or special exception may be requested by any person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2) A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the decision by the board.
(3) The court may:
(i) affirm or reverse the action;
(ii) for any reason, remand the action to the board for further consideration; or
(iii) dismiss the petition.
(4) Any party to the proceeding in the circuit court may appeal from the judgment of the court to the Court of Special Appeals.
(b) The review proceedings provided by this section are exclusive.
§ 22-403 - Special exceptions and variances [Effective October 1, 2013].
(a) From board of appeals. --
(1) Notwithstanding § 10-305 of the Local Government Article, judicial review of a decision by the board of appeals on an application for a zoning variance or special exception may be requested by any person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2) A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the decision by the board.
(3) The court may:
(i) affirm or reverse the action;
(ii) for any reason, remand the action to the board for further consideration; or
(iii) dismiss the petition.
(4) Any party to the proceeding in the circuit court may appeal from the judgment of the court to the Court of Special Appeals.
(b) Exclusivity of review proceedings. -- The review proceedings provided by this section are exclusive.
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