§ 6-836.1
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/md/environment/6-836-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§6–836.1.
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.