Outdoor Systems, Inc v. City of Clawson

In this action for attorney fees brought under 42 USC 1988, plaintiff appeals as of right the circuit court’s determination that it was not the “prevailing party” in an underlying lawsuit. We reverse and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff is a billboard advertising company. Plaintiff installs and maintains billboards on property that it owns or leases, and then sells advertising space on the billboards. Plaintiff leased the right to install and maintain billboards at certain locations in the city of Clawson. At the time plaintiff applied for permits to…