MONTGOMERY COUNTY. 3595

The concurring vote of four members of the board shall be necessary
to reverse any order, requirement, decision or determination of any admin-
istrative 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, depart-
ment or branch 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 pre-
scribe therein the time within which a return thereto must be made and
served upon the relator's attorney, which shall not be less than ten days
and may be extended by the court. The allowance of the appeal 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 re-
straining 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 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 nec-
essary for the proper disposition of the matter, it may take evidence or
appoint 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 determina-
tion 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.

1929, ch. 415, sec. 8.

857. Enforcement and Remedies: The Mayor and Council of the town
of Rockville may provide by ordinance for the enforcement of this Act
and of any ordinance or regulation made thereunder. A violation of this
Act or of any ordinance or regulation made thereunder is hereby declared
to be a misdemeanor and provision may be made by ordinance for the pun-
ishment thereof by fine or imprisonment or both, also the ordinance may
provide civil penalties for such violation.

In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure, or
land used in violation of this Act or of any ordinance or other regulation