HERBERT R. O'CONOR, GOVERNOR. 59

63. Judicial Review.

(1) 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 political sub-
division, may present to a court of record a duly verified peti-
tion setting forth that the decision is illegal, in whole or in
part, and specifying the grounds of the illegality. Such peti-
tion shall be presented to the court within thirty (30) days
after the decision is filed in the office of the Board.

(2) Upon presentation of such petition, the court shall
allow an appeal to review such decision of the Board and shall
prescribe therein the time within which a return or answer to
the petition must be made and served on the petitioner or his
attorney, which shall be not less than fifteen (15) 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 restraining order.

(3) 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 the 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.

(4) 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 commissioner to take evi-
dence as it may direct and report the same to the court with
his findings of fact and conclusions of law, which shall con-
stitute a part of the proceedings upon which the determination
of the court shall be made.

(5) The court shall have jurisdiction to affirm, modify, or
set aside the decision brought up for review, in whole or in
part, and if need be, to order further proceedings by the Board
of Appeals.

(6) All such petitions shall be filed in the name of the per-
son requesting the appeal as plaintiff against the political sub-
division as defendant and it shall not be necessary to join the
Board of Appeals as a party defendant.

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