§ 2A-11. Judicial review.

(a) A party aggrieved by a final decision in a case governed by this Article may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

(b) Unless the court reviewing the decision of the hearing authority orders a stay, the hearing authority’s decision remains in effect pending a final decision of the court. (1978 L.M.C., ch. 30, § 1; 1984 L.M.C., ch. 24, § 1; , § 1.)

Editor’s note—Section 2A-11 is cited in Manor Country Club v. Flaa, 387 Md. 297, 874 A.2d 1020 (2005), reversing and remanding 158 Md. App. 483, 857 A.2d 604 (2004), where the Court interpreted factors for calculating attorney’s fees under former language contained in Section 27-7; the section was amended prior to the Court’s decision. Section 2A-11 was interpreted in Kant v. Montgomery County, 139 Md. App. 157, 774 A.2d 1229 (2001), reversed and remanded, 365 Md. 269, 778 A.2d 384 (2001), to provide appellate jurisdiction to the Court of Special Appeals after judicial review in the Circuit Court of decisions made by the Commission on Landlord-Tenant Affairs; and further the Court explained that, although Montgomery County Code §§ 29-14A and 29-45 do not provide appellate jurisdiction for an appeal to the Court of Special Appeals, Montgomery County Code §§ 2A-2 and 2A-11 provide adequate jurisdiction.

2011 L.M.C., ch. 17, §§ 2 and 3, state:

Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.