Chap. 486.—An ACT to amend and reenact Section 15 of Chapter 15 of the
Acts of Assembly of 1927, approved April 11, 1927, relating to procedure on
appeal from decisions of boards of zoning appeals in certain counties. [S 34]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That section fifteen of chapter fifteen of the Acts of Assembly
of nineteen hundred twenty-seven, approved April eleven, nineteen
hundred twenty-seven, be amended and reenacted as follows:

Section 15. Appeals from board’s decision; procedure.—Any per-
son 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 county, may present to the circuit court of such
county a petition, duly verified, and specifying the grounds on which he
or they are aggrieved. Unless the petition is presented by the governing
body of the county it shall be made a party respondent. The court may
likewise admit as party respondent any person who, if the decision
had been advised in respect of him, would have been authorized under
this section to present a petition in the first instance. Such petition shall
be presented to the court within thirty days after the filing of the decision
in the office of the board.

Upon the presentation of such petition the court may allow a writ
of certiorari directed to the board of zoning appeals to review such
decision of the board of zoning appeals and shall prescribe therein the
time within which a return thereto shall 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 pro-
ceedings upon the decision appealed from but the court may, on applica-
tion, on notice to the board and on due cause shown, grant a restricting
order.

The board of zoning 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 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.

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 referee 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 determin-
ation of the court shall be made. The court may reverse or affirm, wholly,
or partly, or may modify the decision brought up for review. Appeals to
the Supreme Court of Appeals as in other cases may be taken by any
party petitioner or respondent who is aggrieved by the court’s action
or who is a taxpayer, officer, department, bureau or board of the county.

Costs shall not be allowed against the board unless it shall appear to
the court that it acted with gross negligence, or in bad faith, or with
malice in making the decision appealed from.

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