Section 11-109 - Civil actions.
§ 11-109. Civil actions.
(a) Proceedings by Attorney General.-
(1) The Attorney General shall institute proceedings in equity to prevent or restrain violations of § 11-103 of this subtitle and may require assistance from any State's Attorney for that purpose.
(2) In a proceeding under this section, the court shall determine whether a violation has been committed and enter any judgment or decree necessary to:
(i) Remove the effects of any violation it finds; and
(ii) Prevent continuation or renewal of the violation in the future.
(b) Action for damages and injunction.-
(1) The United States, the State, and any political subdivision organized under the authority of the State is a person having standing to bring an action under this subsection.
(2) A person injured by a violation of § 11-103 of this subtitle may maintain an action for damages or for an injunction or both against any person who has committed the violation.
(3) If an injunction is issued, the complainant shall be awarded costs and reasonable attorney's fees.
(4) In an action for damages, if an injury due to a violation of § 11-103 of this subtitle is found, the person injured shall be awarded three times the amount of actual damages which results from the violation, with costs and reasonable attorney's fees.
(5) The Attorney General may bring an action on behalf of the State or any of its political subdivisions to recover the damages provided for by this subsection or any comparable provision of federal law.
(c) Limitation period for civil action.-
(1) An action brought to enforce this subtitle shall be commenced within four years after the cause of action accrues.
(2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.
[1976, ch. 613; 1977, ch. 9, §§ 1, 2; ch. 534; 2005, ch. 25, § 13.]