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5. (a) If Grantee's proposal for renewal is <br /> denied by a final decision of the City made <br /> pursuant to this section, or has been adversely <br /> affected by a failure of the requirements of this <br /> section, Grantee may appeal such final decision <br /> or failure. <br /> <br /> (b) The court shall grant appropriate <br /> relief if the court finds that: <br /> <br /> (i) any action of the City is not in <br /> compliance with the procedural requirements <br /> of this section; or <br /> <br /> (ii) in the event of a final decision <br /> of the City denying the renewal proposal, <br /> the Grantee has demonstrated that the <br /> adverse finding of the City with respect to <br /> each of the factors described in <br /> subparagraphs (i) through (iv) of subsection <br /> 3(a) on which the denial is based is not <br /> supported by a preponderance of the <br /> evidence, based on the record of the <br /> proceeding conducted under subsection 3. <br /> <br /> 6. Any decision of the City on a proposal for <br />renewal shall not be considered final unless all <br />administrative review by the State has occurred or the <br />opportunity therefor has lapsed. <br /> <br />-42- <br /> <br /> <br />