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<br />.... <br />CD <br />:; <br />.. <br />,~ <br />,~ <br />c <br />~.:.., <br />~ <br />c:: <br />c <br />" <br />.-. <br />c, <br />~ ~ <br />" gb <br />,~ <br /> '""' <br /> I~ <br />;.; 'I~ <br />i. <br />,; <br />l <br />.~ <br />~ <br />~ <br />:..; <br />~ <br /> <br />of the time and place shall have been given by notice inserted for not less than three (3) <br />days in a newspaper of general circulation within the City. <br /> <br />SECTION XV - SEPARABILITY <br /> <br />If any clause, sentence, paragraph or part of this ordinance shall, for any reason, be <br />adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not <br />affect, impair or invalidate the remainder of this ordinance, but shall be confined to its <br />operation of the clause, sentence. paragraph or part thereof directly involved in the <br />controversy in which the judgment shall have been rendered. <br /> <br />SECTION XVI - APPEALS <br /> <br />A. Any person, or persons, jointly or severally aggrieved by any final decision of tC.e <br />Commission may present to the Circuit Court having jurisdiction. a petition. dull <br />verified. setting forth that such decision is illegal in whole or in part. specifyin,~ <br />the grounds of illegality. Such petition shall be presented to the Court within thl:;"'-y <br />days after the date of the final decision of said Commission. <br /> <br />B. Upon the presentation of such petition, the Court may allow a writ of certiorari <br />directed to the Commission to review such decision of the Commission and shall <br />prescribe therein the time within which a return thereto must be made and served <br />upon the land owner or his attorney. which shall not be less than ten days. and may <br />be extended by the Court. <br /> <br />C. The Commission shall not be required to return the original papers acted upon by <br />it, but it shall be sufficient to return certified or sworn copies thereof or of such <br />portions thereof as may be called for by such writ. The return shall concisely <br />set forth such other facts as may be pertinent and material to show the grounds of <br />the decision appealed from and shall be verified. <br /> <br />D. If, upon the hearing, it shall appear to the Court that testimony be necessary for <br />the proper disposition of the matter, it may take evidence or appoint a commissioner <br />to take such evidence as it may direct and report the same to the Court with his <br />findings of fact and conclusions of law which will constitute a part of the decision <br />upon which a determination of the Court may be made. The Court may affirm or <br />reverse, wholly or partly, or may modify the decision brought up for review. <br /> <br />E. CC"sts shall not be allowed against the Commission, unless it shall a"'p~a'" t.n t"t-,.~ <br />Court that it acted with grosA negligence or in bad faith or with mah.::e in m?lc:..i1.e,; <br />the decision appealed from. <br /> <br />SECTION xvn - ORDINANCES REPEALED <br /> <br />~t is not intended by this ordinance to repeal. abrogate, annul or in any way impair or <br />interfere with existing provisions of othe\" laws or ordinances, except thos~ in conflict <br /> <br />- 20 - <br />