Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
There is no reference to this section in the LHDA or the Clarkston Ordinance (nor should there be). This section of the Charter Proposal simply instructs a court that if that court decides some part of the Charter Proposal is legally invalid, then only that part of the Charter Proposal language would be struck from the charter, and the rest of the Charter Proposal language would remain in full force and effect.
Notes:
This is also standard language. The only time the issue of severability (striking some language and leaving the rest) would come up is if someone filed a lawsuit against the city challenging all or part of the Charter Proposal language. This is highly unlikely, but if it did occur, my husband (who drafted the language) has offered to support the city’s defense at no charge.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)