340 ARTICLE 1A.

(b) To hear and decide special exceptions to the terms of the ordinance
upon which such Board is required to pass under such ordinance.

(c) To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, and so that the
spirit of the ordinance shall be observed and substantial justice done.

In exercising the above mentioned powers such Board may, in con-
formity with the provisions of this Act, 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 ef 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
administrative official, or to decide in favor of the applicant on any mat-
ter 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 Adjustment, or any taxpayer, or any officer, department,
board or bureau of the City of Cumberland, may present to the Circuit
Court for Allegany County 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 thirty
days after the filing of the decision in the office of the Board, and not
thereafter.

Upon the presentation of such petition, the Court may allow a writ of
certiorari directed to the Board of Adjustment to review such decision
of the Board of Adjustment and shall prescribe therein the time within
which a return thereto must be made and served upon the relator's attor-
ney, which shall not be less than ten days and may be extended by the
Court. The allowance of the writ shall not stay proceedings upon the
decision appealed from, but the Court may, on' application, on notice to
the Board and on due cause shown, grant a restraining order.

The Board of Adjustment shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified or
sworn copies thereof of such portions as may be called for by such writ.
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 by affidavit.

If, upon the hearing, it shall appear to the Court that testimony is
necessary for the proper disposition of the matter, it may take evidence
in open court, or direct that evidence be taken by one of the standing
examiners of said Court, and report the same to the Court, and 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
for review.