Legal Opinion

Penn Advertising of Baltimore, Inc. v. Mayor of Baltimore

District Court, D. Maryland

Decided August 11, 1994No. Civ. HM-94-877PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

HERBERT F. MURRAY, Senior District Judge.

I. INTRODUCTION

Baltimore City Ordinance 307 (Council Bill No. 627) (hereinafter “Ordinance 307”) was signed into law by Mayor Kurt L. Schmoke on March 7, 1994. This Ordinance prohibits cigarette advertising on billboards located in certain designated zones within Baltimore City. Plaintiff Penn Advertising of Baltimore, Inc. (hereinafter “Penn”) is the owner of billboards located within these zones of prohibition. By its terms Ordinance 307 was to take effect on the 30th day after the date of its enactment. On the thirtieth day after enactment…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  5. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947

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3Cited by6 opinions

  1. Penn Advertising Of Baltimore, Inc. v. Mayor And City Council Of BaltimoreCourt of Appeals for the Fourth Circuit · 1995
  2. Penn Advertising of Baltimore, Inc. v. Mayor of BaltimoreCourt of Appeals for the Fourth Circuit · 1995
  3. Anheuser-Busch, Incorporated v. Kurt L. Schmoke, in His Official Capacity as Mayor of Baltimore City Mayor and City Council of Baltimore City City Council of Baltimore City David Tanner, in His Official Capacity as the General Superintendent of Zoning Administration and Enforcement, and John Joseph Curran, Attorney General of the State of Maryland, in His Official Capacity, the Association of National Advertisers, Incorporated the American Association of Advertising Agencies the Media Institute National Association of Broadcasters the Thomas Jefferson Center for the Protection of Free Expression Washington Legal Foundation Center for Science in the Public Interest Coalition for Beautiful Neighborhoods Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici Curiae. Penn Advertising of Baltimore, Incorporated v. Mayor and City Council of Baltimore City, a Municipal Corporation, and John Joseph Curran, Attorney General of the State of Maryland, in His Official Capacity, the Association of National Advertisers, Incorporated the American Association of Advertising Agencies the Media Institute National Association of Broadcasters the Thomas Jefferson Center for the Protection of Free Expression Washington Legal Foundation Center for Science in the Public Interest Coalition for Beautiful Neighborhoods Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1996
  4. (2008), Maryland Attorney General Reports2008
  5. Anheuser-Busch v. SchmokeCourt of Appeals for the Fourth Circuit · 1996

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