National Advertising Co. v. City of Ft. Lauderdale, No. 90-5850
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Writing for the Court | Before EDMONDSON; PITTMAN |
| Citation | 934 F.2d 283 |
| Parties | NATIONAL ADVERTISING COMPANY, Plaintiff-Appellant, v. CITY OF FORT LAUDERDALE, Defendant-Appellee. |
| Docket Number | No. 90-5850 |
| Decision Date | 24 June 1991 |
Page 283
v.
CITY OF FORT LAUDERDALE, Defendant-Appellee.
Eleventh Circuit.
Page 284
Norman S. Klein, Klein & Tannen, P.A., Hollywood, Fla., Myron D. Cohen, Hunton & Williams, P.A., New York City, for plaintiff-appellant.
Lindsey A. Payne, Asst. City Atty., City of Fort Lauderdale, Fla., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before EDMONDSON, Circuit Judge, RONEY *, Senior Circuit Judge, and PITTMAN **, Senior District Judge.
PITTMAN, Senior District Judge:
National Advertising Company (National) appeals the order of the district court dismissing this case. National filed an action for declaratory and injunctive relief alleging that the sign code of the City of Ft. Lauderdale, Florida, (City) was unconstitutional. The City subsequently amended the sign code, and based on the amendments, filed a motion to dismiss for mootness. The district court granted the City's motion to dismiss. We reverse.
FACTS
Since 1974, the City has had in effect a comprehensive code regulating the use of outdoor advertising within city limits. The City's sign code effects a broad ban on outdoor advertising, allowing only "point of purchase signs, business identification signs and directional signs." Fort Lauderdale Code Sec. 47-50.1(1). The sign code specifically bans all billboards, outdoor display signs, and off-site non-point of purchase signs. The sign code allows exceptions to the broad ban on off-site advertising, permitting changeable copy signs, message center signs, banner signs, political signs, and special promotion signs. At the time National filed its complaint, the sign code permitted advertising signs of public interest if approved by resolution of the city commission. Id. Sec. 47-50.5.
National is in the business of outdoor advertising, specifically the leasing of billboards. National typically will lease or purchase property, construct a billboard, and lease its space for advertising to its customers. National's billboards are used for advertising displays, both commercial and non-commercial. In 1987 and 1988, National acquired leases to property within the City for the purpose of constructing billboards. The billboards were to be "off-site" advertisement displays containing both commercial and non-commercial messages. National subsequently filed suit seeking declaratory and injunctive relief, alleging three constitutional defects in the sign code, that it had vested rights to construct billboards, and that the sign code was unconstitutional in its entirety because the code was not severable.
After filing the lawsuit on November 7, 1988, National submitted applications for permits for the construction of twenty billboards. The City rejected the permits the day they were received because of the sign code's ban on all billboard advertising. Appellant sought review with the City's Board of Adjustment, which characterized the action as a request for variance under the City's zoning regulations. Following several steps in the application process, the requests were reviewed and rejected by the Board.
On December 20, 1988, approximately six weeks after National filed its lawsuit, the city commission enacted ordinance C-88-90 which amended the sign code. One amendment altered section 47-50.1(1), allowing any authorized sign to contain non-commercial copy in the place of commercial copy. Section 47-50.5, which permitted public interest advertising by resolution of the city
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commission, was deleted from the City's sign code. On December 21, 1988, the City filed a suggestion of mootness and a motion to dismiss on the grounds that the amendments remedied any constitutional infirmities which may have existed in the original ordinance. On September 11, 1990, the district court granted the City's motion to dismiss on grounds that the amendments rendered National's claims moot.National appeals from the district court's decision, claiming the amendments did not moot this lawsuit. National also asserts that the original sign code as a whole is unconstitutional, and that under Florida law it had vested rights to...
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Horizon Outdoor v. City of Industry, California, No. CV023465ABCPLAX.
...because "it remain[ed] uncertain whether the City would return the sign code to its original form if it managed to defeat jurisdiction." 934 F.2d 283, 286 (11th Cir.1991). See also National Advertising Company v. Town of Babylon, 900 F.2d 551, 554 n. 2 (2nd Cir.1990) ("A voluntary repeal of......
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Lamar Advertising of Penn v. Town of Orchard Park, Docket No. 03-7287(L).
...Castle, Inc., 455 U.S. 283, 288-89 & n. 10, 102 S.Ct. 1070, 71 L.Ed.2d 152 (1982)); see also Nat'l Adver. Co. v. City of Fort Lauderdale, 934 F.2d 283, 286 (11th Cir.1991) (holding controversy over sign ordinance not mooted by amendments where it was "uncertain whether the City would return......
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Granite State Outdoor Adver. v. City of Clearwater, No. 8:01CV1663T30MSS.
...for overbreadth, for "hypothetical cases" of property owners not before the Court). See also National Advertising v. Ft. Lauderdale, 934 F.2d 283, 285 (11th The more central issue is whether Granite State has standing to make a facial challenge to Clearwaters's entire sign ordinance on over......
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Action Outdoor Advert. v. Town of Shalimar, Fla., No. 3:03CV459/MCR.
...is not binding on this Court and that instead the Eleventh Circuit's decisions in National Advertising Co. v. City of Fort Lauderdale, 934 F.2d 283, 286 (11th Cir.1991) ("City of Fort Lauderdale"), Dimmitt v. City of Clearwater, 985 F.2d 1565 (11th Cir.1993), and Solomon v. City of Gainesvi......
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Horizon Outdoor v. City of Industry, California, No. CV023465ABCPLAX.
...because "it remain[ed] uncertain whether the City would return the sign code to its original form if it managed to defeat jurisdiction." 934 F.2d 283, 286 (11th Cir.1991). See also National Advertising Company v. Town of Babylon, 900 F.2d 551, 554 n. 2 (2nd Cir.1990) ("A voluntary repeal of......
-
Lamar Advertising of Penn v. Town of Orchard Park, Docket No. 03-7287(L).
...Castle, Inc., 455 U.S. 283, 288-89 & n. 10, 102 S.Ct. 1070, 71 L.Ed.2d 152 (1982)); see also Nat'l Adver. Co. v. City of Fort Lauderdale, 934 F.2d 283, 286 (11th Cir.1991) (holding controversy over sign ordinance not mooted by amendments where it was "uncertain whether the City would return......
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Granite State Outdoor Adver. v. City of Clearwater, No. 8:01CV1663T30MSS.
...for overbreadth, for "hypothetical cases" of property owners not before the Court). See also National Advertising v. Ft. Lauderdale, 934 F.2d 283, 285 (11th The more central issue is whether Granite State has standing to make a facial challenge to Clearwaters's entire sign ordinance on over......
-
Action Outdoor Advert. v. Town of Shalimar, Fla., No. 3:03CV459/MCR.
...is not binding on this Court and that instead the Eleventh Circuit's decisions in National Advertising Co. v. City of Fort Lauderdale, 934 F.2d 283, 286 (11th Cir.1991) ("City of Fort Lauderdale"), Dimmitt v. City of Clearwater, 985 F.2d 1565 (11th Cir.1993), and Solomon v. City of Gainesvi......