Title 22. Zoning — Subtitle 4. Judicial Review
Statutes in effect as of October 1, 2026.
Md. Code Ann., Land Use § 22-401 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–401LinkCopy Citation
This part applies only in Montgomery County.
Md. Code Ann., Land Use § 22-402 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–402LinkCopy Citation
(a)
(1)
Judicial review of a final action of the district council on an application for an individual map amendment or a sectional map amendment may be requested by:
(i)
a person aggrieved by the action; or
(ii)
a 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 district council takes the final action.
(3)
The court may:
(i)
affirm or reverse the action;
(ii)
for any reason, remand the action to the district council for further consideration; or
(iii)
dismiss the petition.
(b)
(1)
When a petition for judicial review is filed, a copy of the petition shall be served on the district council in accordance with Maryland Rule 7–202(d).
(2)
On receiving a copy of the petition, the district council shall:
(i)
promptly give notice of the petition to all parties to the proceeding before it; and
(ii)
within 30 days after the filing of the petition, file with the circuit court:
(1)
the originals or certified copies of all papers and evidence presented to the district council in the proceeding before it; and
(2)
a copy of its opinion and resolution deciding the application.
(3)
Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Court of Special Appeals.
(4)
The review proceedings provided by this section are exclusive.
(c)
(1)
The action of the district council shall be considered final unless, within 30 days after the action, the district council, on its own motion for any reason, reconsiders the action.
(2)
The time for appeal provided in this section shall be stayed until any reconsideration is concluded.
Md. Code Ann., Land Use § 22-403 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–403LinkCopy Citation
(a)
(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)
The review proceedings provided by this section are exclusive.
Md. Code Ann., Land Use § 22-406 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–406LinkCopy Citation
This part applies only in Prince George’s County.
Md. Code Ann., Land Use § 22-407 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–407LinkCopy Citation
(a)
(1)
Judicial review of any final decision of the district council, including an individual map amendment or a sectional map amendment, may be requested by any person or entity that is aggrieved by the decision of the district council and is:
(i)
a municipal corporation, governed special taxing district, or person in the county;
(ii)
a civic or homeowners association representing property owners affected by the final decision;
(iii)
the owner of the property that is the subject of the decision; or
(iv)
the applicant.
(2)
A petition for judicial review under this subsection shall be filed in the Circuit Court for Prince George’s County within 30 days after service of the final decision by the district council.
(3)
Copies of the petition shall be served on the district council and all other persons of record in accordance with the Maryland Rules.
(4)
The filing of the petition does not stay enforcement of the final decision of the district council, but the district council may stay enforcement of its final decision or the reviewing court may order a stay on terms it considers proper.
(b)
(1)
Within 30 days after service of a petition under subsection (a) of this section, or within an additional period of time authorized by the court, the district council shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review.
(2)
The court may:
(i)
shorten the record by stipulation of all parties to the review proceeding;
(ii)
charge any party unreasonably refusing to stipulate to limit the record for the additional cost; and
(iii)
require or allow subsequent corrections to the record that the court considers advisable.
(c)
(1)
The court shall order that additional evidence be taken before the district council on conditions the court considers proper if:
(i)
before the date set for the hearing on the petition for judicial review, the petitioner or any party in interest makes a written application to show cause to the court for leave to present additional evidence on the issues in the case; and
(ii)
it is shown to the satisfaction of the court after a hearing that the additional evidence is material and that there were good reasons for the failure to present the additional evidence in the proceedings before the district council.
(2)
If the court orders that additional evidence be taken before the district council, it shall immediately remand the case to the district council to receive that additional evidence.
(3)
If the district council receives additional evidence, the district council:
(i)
may modify or reverse its previous findings and decision because of the additional evidence; and
(ii)
shall file with the reviewing court, to become part of the record, the additional evidence together with any modifications or new findings or decision.
(d)
(1)
The court shall conduct the judicial review without a jury.
(2)
In cases where there are alleged irregularities in procedure before the district council not shown in the record, testimony relating to the alleged irregularities may be taken in the court.
(3)
The court shall hear oral argument and receive written briefs on request.
(e)
The court may:
(1)
affirm the decision of the district council;
(2)
remand the case for further proceedings; or
(3)
reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the district council’s action is:
(i)
unconstitutional;
(ii)
in excess of the statutory authority or jurisdiction of the district council;
(iii)
made on unlawful procedure;
(iv)
affected by other error of law;
(v)
unsupported by competent, material, and substantial evidence in view of the entire record as submitted; or
(vi)
arbitrary or capricious.
(f)
(1)
A final judgment of the circuit court may be appealed to the Appellate Court of Maryland by:
(i)
the district council;
(ii)
the applicant; or
(iii)
any aggrieved party to the circuit court proceedings.
(2)
Each member of the district council is entitled to vote on whether the district council shall appeal to the Appellate Court of Maryland, regardless of whether the member participated in the hearing on the matter or in the decision.
Md. Code Ann., Land Use § 22-408 (2026)
Title 22. Zoning
Subtitle 4. Judicial Review
§ 22–408LinkCopy Citation
(a)
(1)
Any party to a proceeding before the board of appeals aggrieved by the decision of the board may request judicial review of the decision by the Circuit Court for Prince George’s County.
(2)
The circuit court may affirm the decision of the board, or, if the decision is not in accordance with law, modify or reverse the decision, with or without remanding the case for rehearing.
(3)
Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal the decision to the Appellate Court of Maryland.
(b)
(1)
The board of appeals shall take any action necessary to enforce any final decision of the board.
(2)
Any request or application for a stay from a final decision of the board shall be filed in the Circuit Court for Prince George’s County.
(3)
Unless modified or reversed by the circuit court, a decision of the board concerning any nonconforming occupancy or use is binding on the parties and continues in force and effect.