Petition for judicial review.

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    (a)    A person petitioning for judicial review in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall file the petition in accordance with the Maryland Rules.

    (b)    A party submitting a petition for judicial review shall file the petition within 30 days after publication of a notice of final determination.

    (c)    An action for judicial review brought in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be conducted in accordance with the Maryland Rules.

    (d)    A party to the judicial review action may not challenge a facility’s compliance with zoning and land use requirements or conformity with a county plan issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall prevent a party from challenging whether the Department has complied with §§ 2–404(b)(1)(ii) and 9–210(a)(3) of this article, when applicable, nor does this subtitle prevent a party from contesting the compliance of the facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.


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