E. B. ELLIOTT ADV. CO. v. METROPOLITAN DADE COUNTY

No. 27589.

425 F.2d 1141 (1970)

E. B. ELLIOTT ADV. CO. et al., Plaintiffs-Appellants, Henry F. Hill, Intervenor-Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 29, 1970.


Attorney(s) appearing for the Case

Kenneth L. Ryskamp, Miami, Fla., Chester Bedell, Jacksonville, Fla., Copeland, Therrel, Baisden & Peterson, Fred R. Stanton, Miami Beach, Fla., for appellants.

Thomas C. Britton, County Atty., St. Julien P. Rosemond, Asst. County Atty., Miami, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

This is a consolidated class action seeking a declaratory judgment that Dade County Ordinance No. 63-26, as amended (1968), Code of Metropolitan Dade County, § 33-121.10-17, dealing with the erection and maintenance of outdoor advertising signs adjacent to all expressways in Dade County, is unconstitutional. The District Court for the Southern District of Florida held that the ordinance bears a rational relationship to the constitutionally...

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