§ 19-468. Severability; conflicting provisions; reconsideration of decisions resulting in taking

If any particular provision of this article shall be held to be unlawful by the final decision of a court of competent jurisdiction, and no further appeal has or may be taken, then only such particular provision shall be excluded from the article, and all other provisions shall continue in full force and effect. In construing this article particular note shall be made of the findings in paragraphs A through L at the beginning of the ordinance from which this section was derived and the specific intent indicated in paragraph K. In the event of any inconsistency between this article and any other ordinance which may apply, this article shall control if the ordinances cannot otherwise be construed together. In the event that in a final judgment of a court it is found that there has been a taking by the actions of the town or commission, acting under this article, the court shall, prior to awarding damages, first remand the matter to the commission, and in matters where the provisions of the article itself shall be found to create a taking, to the town council, to avoid, limit or reconsider any decision which the court has found to result in a taking.

(Rev. Ords. 1989, § 19-159; Ord. of 3-21-2001)