Maryland Code, ENVIRONMENT 7-412
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Terms Used In Maryland Code, ENVIRONMENT 7-412
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Any interested party, including a prospective user of a hazardous or low-level nuclear waste facility site who generates hazardous or low-level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Court of Special Appeals of Maryland.
(b) Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts.
(c) In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be:
(1) In violation of constitutional provisions;
(2) Made on unlawful procedure;
(3) Arbitrary and capricious; or
(4) Affected by other error of law.