Legal Opinion
Auspro Enterprises, LP v. Texas Department of Transportation
Court of Appeals of Texas
Decided December 8, 2016No. 03-14-00375-CVPublishedCited by 5 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
OPINION
Jeff Rose, Chief Justice
We withdraw our opinion and judgment dated August 26, 2016, substitute the following opinion and judgment in then-place, and deny the Department’s motion for rehearing.
This case addresses the constitutionality of the Texas Highway Beautification Act. 1 The United States Supreme Court recently struck down a similar sign regulation in Reed v. Town of Gilbert, where the high court observed:
This type of ordinance may seem like a perfectly rational way to regulate signs, but a clear and firm rule governing content neutrality is an essential…
2Cases cited45 opinions
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
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3Cited by5 opinions
- Thomas v. SchroerDistrict Court, W.D. Tennessee · 2017
- Ex Parte Stephen Hall, Texas Court of Appeals, 3rd District (Austin)2019
- IN THE MATTER OF THE DENIAL OF THE OUTDOOR ADVERTISING APPLICATION NUMBER 75708, ETC. (NEW JERSEY DEPARTMENT OF TRANSPORTATION)New Jersey Superior Court Appellate Division · 2019
- John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation, Texas Court of Appeals, 3rd District (Austin)2020
- Lamar Advantage Outdoor Company, L.P. v. Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Gus E. Cannon, in His Official Capacity as the Director of the Right of Way Division of the Texas Department of Transportation, Texas Court of Appeals, 14th District (Houston)2022