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Session Laws, 1924
Volume 568, Page 1417   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 1417

made by an administrative official in the enforcement 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 vari-
ance from the terms of the ordinance as will not be contrary
to the public interest, where owing to special conditions a lit-
eral enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordi-
nance shall be observed and substantial justice done.

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, requirement, deci-
sion 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 deter-
mination of any such administrative 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 Adjustment, or any taxpayer, or
any officer, department, board or bureau of the City of Cum-
berland, 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 ille-
gality. 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 attorney, 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 restrain-
ing order.

 

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Session Laws, 1924
Volume 568, Page 1417   View pdf image (33K)
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