You are viewing an archived code

Sec. 59-H-8.5. Reconsideration.
The decision of the District Council on any application for a map amendment shall be final; except, that the District Council on its own motion may, within 30 days thereafter, reconsider its decision on any application. The adoption of a resolution on such motion to reconsider shall stay the time within which an appeal may be filed in the Circuit Court pursuant to State law. The final decision pursuant to any reconsideration shall be in the same form as the original decision with an opinion and accompanying resolution stating the reasons for the action taken by the District Council. All persons notified of the original decision shall be notified of the decision upon reconsideration.
(Legislative History: Ord. No. 12-1, § 1.)
   Editor's note-The above section (formerly 111-50) allows the Council to reconsider zoning amendments on its own motion. Malasky v. Montgomery County Council, 258 Md. 612, 267 A.2d 182 (1970).  Section 59-H-8.5 [formerly § 111-50] is interpreted in Norbeck Village Joint Venture v. Montgomery County Council, 254 Md. 59, 254 A.2d 700 (1969).  The above Section is mentioned in Hunt v. Montgomery County, 248 Md. 403, 237 A.2d 35 (1968).  Section 59-H-8.5 [formerly § 104-42] is cited in Woodlawn Area Citizens Association v. Prince George’s County Board of County Commissioners, 241 Md. 187, 216 A.2d 149 (1966); and is quoted in part in Kay Construction Company v. Montgomery County Council, 227 Md. 479, 177 A.2d 694 (1962).