Legal Opinion
Town of New Market v. Battlefield Enterprises, Inc.
Shenandoah County Circuit Court
Decided February 9, 1984No. Case No. (Chancery) 2192Published
1Opinion of the Court
By JUDGE HENRY H. WHITING
In this suit the Town seeks an injunction against the maintenance of two large signs concededly erected in violation of its ordinance. A demurrer has been filed claiming the ordinance is unconstitutional as a violation of both the Federal and State Constitution rights of free speech.
I. Standing of Commercial Advertisers to Assert the Invalidity of a Sign Ordinance because of its Effect upon Non-commercial Advertisers.
The town questions- the defendants’ rights to raise the issue, contending that they are commercial advertisers only and if the ordinance is invalid it is…
2Cases cited21 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
- Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
- Dorchy v. KansasSupreme Court of the United States · 1924
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