ZONING. 393

In exercising the above-mentioned powers such board may, in conform-
ity with the provisions of this Article, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision, or determination as
ought to be made, and to that end shall have all the powers of the officer
from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to
reverse any order, requirement, decision, or determination of any such ad-
ministrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance, or to effect
any variation in such ordinance.

Any person or persons jointly or severally aggrieved by any decision of
the Board of Zoning Appeals, or any taxpayer, or any officer, department,
board or bureau of the municipality, may present to a court of record a
petition, duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within 30 days after filing of the decision in the
office of the board.

Upon the presentation of such petition the court may allow an appeal
to review such decision of the Board of Zoning Appeals and shall prescribe
therein the time within which a return thereto must be made and served
upon the relator's attorney, which shall not be less than 10 days and may
be extended by the court. The allowance of the appeal shall not stay pro-
ceedings upon the decision appealed from, but the court may, on applica-
tion, or notice to the board and on due cause shown, grant a restraining
order.

The Board of Zoning Appeals shall not be required to return the orig-
inal papers acted upon by it, but it shall be sufficient to return certified or
sworn copies thereof of¹ or such portions thereof as may be called for by
such appeal. The return shall concisely set forth such other facts as may
be pertinent and material to show the grounds of the decision appealed
from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is neces-
sary for the proper disposition of the matter, it may take evidence or ap-
point a commissioner to take such evidence as it may direct and report the
same to the court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the determination
of the court shall be made. The court may reverse or affirm, wholly or
partly, or may modify the decision brought up for review.

All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.

1927, ch. 705, sec. 8.

8. Enforcement and, Remedies. The local legislative body may pro-
vide by ordinance for the enforcement of this Article and of any ordinance
or regulation made thereunder. A violation of this Article or of such ordi-

¹ Evidently "of or" have been transposed.