Legal Opinion

Outdoor System, Inc. v. City of Clawson

Michigan Court of Appeals

Decided July 6, 2004No. Docket No. 245069PublishedCited by 6 opinions

1Opinion of the CourtBandstra, J.

Plaintiff challenges the legality of defendant’s ordinance that prohibits “billboards,” meaning readily changeable signs unrelated to the principal use of the premises upon which they are located. We conclude that, because it advances no governmental interest, the ordinance’s prohibition of readily changeable signs violates plaintiffs First Amendment right of free speech. We reverse and remand.

BACKGROUND FACTS

Plaintiff, now known as Viacom Outdoor, Inc., engages in outdoor advertising. Specifically, it erects and maintains signs, commonly known as billboards, on property that it owns or…

2Cases cited14 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  3. Maiden v. RozwoodMichigan Supreme Court · 1999
  4. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  5. City of Ladue v. GilleoSupreme Court of the United States · 1994

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3Cited by6 opinions

  1. Hucul Advertising, LLC v. Charter Township of GainesCourt of Appeals for the Sixth Circuit · 2014
  2. Houdek v. Centerville TownshipMichigan Court of Appeals · 2007
  3. Grant v. Aaa michigan/wisconsin, IncMichigan Court of Appeals · 2005
  4. Outdoor Sys., Inc. v. City of ClawsonMichigan Court of Appeals · 2004
  5. Outdoor Systems, Inc v. City of ClawsonMichigan Court of Appeals · 2007

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