Any person or persons jointly or severally aggrieved by any decision of the Board of Zoning Appeals (BZA), or any taxpayer or any officer, department, board or bureau of the county, may present to the Circuit Court of the County a petition specifying the grounds on which aggrieved, within 30 days after the filing of a decision in
the office of such board.
Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.
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 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.
The BZA 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 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.
Upon the presentation of a petition pursuant to this section, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return there to must be made and served upon the realtor's attorney, which shall not be less than 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 BZA and on due cause shown, grant a restraining order.