ALBERT C. RITCHIE, GOVERNOR. 1335

within a reasonable time. Upon the hearing any party
may appear in person or by agent or by attorney.

The Board of Appeals shall have the following powers:

(a) To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or de-
termination made by an administrative official in the en-
forcement of this Act or of any ordinance adopted pursuant
thereto.

(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 con-
ditions, the enforcement of the provisions of the ordinance
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 conformity with the provisions of this Act, reverse
or affirm, wholly or partly, or may modify the order, re-
quirement, decision, or determination appealed from and
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.

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 munici-
pality, 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