Naegele Outdoor Advertising, Inc. v. City of Durham

MEMORANDUM OPINION

BULLOCK, District Judge.

This case is again before the court to undertake the “difficult” 1 task of determining whether the Defendant City of Durham’s (“City”) 1984 ordinance prohibiting all commercial, off-premises advertising signs except those along interstate or federally aided primary highways after a 5V2-year grace period violates the Fifth Amendment’s proscription, applicable to the states through the Fourteenth Amendment, against taking property without just compensation. In its initial decision in this case, the district court granted summary judgment in favor of the…