Historic District Commission v. Kalos

For purposes of this appeal, it is undisputed that: The defendants, in 1996, installed a neon “OPEN” sign inside a front window of a video store in the Chelmsford historic district; the store was owned by the defendants who had not applied to the commission for a requisite certificate of appropriateness; and the sign was visible from two nearby public ways. A “review standard” promulgated by the commission (§ 4.53) prohibits neon signs entirely and also provides that: “No neon signs will be permitted in or on [a] building or in or on the windows or doors of a building.” The defendants do not…