(a) Appeal. Any person or persons jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(b) Certiorari. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’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 proceedings upon the decision appealed from, but the court may, on application, and notice to the board and for good cause shown, grant a restraining order.

(c) Return to Writ. The Board of Adjustment shall not be required to return the original papers acted upon 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 decisions appealed from and shall be verified.

(d) Court decision. 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 determination of the court may be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e) Costs. 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 proceeding under this section shall have preference over all other civil actions and proceedings.

(f) Representation. The Corporation Counsel’s office shall represent the Department of Planning and Development in the appeal of any decision of the Board of Adjustment. Opinions to and representation of the Board of Adjustment shall be limited solely to matters of procedure and not substance by the Corporation Counsel’s office. [Code § 12.37-2.]