THEODORE R. MCKELDIN, GOVERNOR 1569

An appeal may be taken to the Court of Appeals from
any decision of the said Court of Record reviewing the
decisions of the Board of Zoning Appeals. ]

(j) Any person or persons jointly or severally aggrieved
by any decision of the Board of Zoning Appeals, or any
taxpayer, or any officer, department, board or bureau of
the municipality, may present to a court of record a peti-
tion, duly verified, setting forth that such decision is il-
legal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the court
within thirty days from the day upon which the board de-
cided the matter from which the appeal is taken.

(k) The Court shall grant the Board and other proper
parties a reasonable time to answer and shall require either
the original papers or certified copies thereof, which con-
stituted the entire record before the Board, to be filed with
the Board's answer.

(l) The Court may hear the appeal on the record of OR if,
in the opinion of the Court, additional testimony is required
for the proper disposition of the case, the Court may per-
mit either or both sides to present additional testimony.

(m) The Court shall hear the case without the interven-
tion of a jury.

(n) The Court may reverse or affirm, wholly or partly,
or may modify or remand for further consideration, any
decision of the Board of Appeals. When a case is remanded
for further consideration, the testimony, if any, taken in
Court shall be made available to the Board. The costs of
preparing such testimony shall be made a part of the costs
of the case.

(o) An appeal may be taken to the Court of Appeals
from any decision of the said Court of Record reviewing
the decisions of the Board of Zoning Appeals.

SEC. 4. And be it further enacted, That this Act shall
take effect June 1, 1953.

Approved April 27, 1953.

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