Section 175-144 APPEAL OF DECISION OF BOARD OF ZONING APPEALS.
A.
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 the
Circuit Court of the county a petition specifying the grounds on
which
aggrieved within thirty (30) days after the filing of the decision in
the
office of the Board.
B.
Upon the presentation of such petition, the Court
shall allow a writ of certiorari to review the decision of the Board of
Zoning
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.
C.
The Board of Zoning Appeals shall not be required to
return the original papers acted upon by it, but 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.
D.
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 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. The Court may
reverse or
affirm, wholly or partly, or may modify the decision brought up for
review.
E.
Costs shall not be allowed against the Board, unless it
shall appear to the Court that it acted in bad faith or with
malice in making the decision appealed from.