Invalidating an epc
Invalidating an epc
Therefore, the exhaustion requirement does not mandate that parties file a separate request for appeal, invalidating the Council’s exhaustion argument.The Court then looked at the statutes governing DDS and SE requests to determine whether they gave the Council the right to withdraw its election to review.
The Council first “elected to review” zoning decisions made by local land use agencies, as allowed under the county code.As a result, the Court of Appeals of Maryland held that the Citizens did not fail to exhaust their administrative remedies and were eligible to seek review of the Council decision.It affirmed the holding of the Court of Special Appeals that the Council may not withdraw its election to review a local zoning decision. Billings, 2011 WL 2437339 (Md., 6/20/2011) The opinion can be accessed at: blog is provided for general informational purposes only.The Court of Appeals of Maryland granted certiorari to consider the legality of this practice, that is, whether the Court of Special Appeals erred in holding that the Council may not withdraw election to review, thus requiring a hearing on the merits, adopting written conclusions and findings.Specifically, the Court examined whether the Citizens were eligible to seek judicial review of the decision and whether the Citizens failed to exhaust their administrative remedies.ON Semiconductor’s moisture sensing family of Battery-Free Wireless Sensors are UHF RFID wireless sensors that allow the passive sensing of moisture in a variety of applications where size and accessibility is at a premium.
The moisture level detection sensor tag is specifically designed for the passive sensing of moisture on various surfaces and finished goods such as plastics, wood, and plaster.The Court found, however, that “the road to judicial review . Under this logic, unless the Citizens’ would not fail to exhaust their administrative remedies unless their inaction (failure to file written exceptions) prevented the agency decisions from ever reaching the Council.The Council’s ability to “elect to review” exacerbated the complexities of exhaustion issue.Prince George’s County Code § 27-315 (emphasis added) (internal quotation marks omitted).The Court noted that the Council’s discretion extends only to whether the Council will hold oral argument.These improvements required a Departure from Design Standards (hereinafter “DDS”) and a Special Exception (hereinafter “SE”) from the County Planning Board.