ZONING AND PLANNING. 881

(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, the enforcement of the provisions of the ordi-
nance will result in unwarranted hardship and injustice, but which will
most nearly accomplish the purpose and intent of the regulations of the
zoning plan.

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

Any person or persons, jointly or severally, aggrieved by any decision
of the Board of Appeals, or any taxpayer, or any officer, department,
board, or bureau of the municipality, may present to the circuit court of
the 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 (30) days after the
filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ of
certiorari directed to the Board of Appeals to review such decision of
the Board of 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 ten (10) 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 Appeals 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 or of such portions thereof 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.

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
or appoint a referee 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.

Costs shall not be allowed against the board unless it shall appear to
the court that it acted with gross negligence, or in bad faith, or with
malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
See sec. 7.