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§ 6-836.1. Protection from liability; regulatory compliance -- Discovery and evidentiary hearing

MD Env Code § 6-836.1 (2019) (N/A)
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In an action in which the owner’s immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall:

(1)    Allow discovery limited solely to the issue of the owner’s immunity under § 6-835 or § 6-836 of this subtitle;

(2)    Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;

(3)    Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and

(4)    Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.

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