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CENTRAL ADV. CO. v. CITY OF ANN ARBOR

No. 9 September Term 1973, Docket Nos. 54,310-54,313, 54,316.

391 Mich. 533 (1974)

218 N.W.2d 27

CENTRAL ADVERTISING COMPANY v. CITY OF ANN ARBOR

Supreme Court of Michigan.

Rehearing denied June 25, 1974.

Attorney(s) appearing for the Case

Fraser, Trebilcock, Davis & Foster (by James A. Park and Robert W. Stocker II), for plaintiff Central Advertising Agency.

Crippen, Dever, Urquhart & Cmejrek, for plaintiff Ann Arbor Implement Company.

Burke, Ryan, Rennell, Foster & Hood, for intervening plaintiffs Ann Arbor Bank and others.

Keyes, Creal & Hurbis, for plaintiff Shell Oil Company and others.

Jerold Lax, City Attorney, and R. Bruce Laidlaw, Chief Assistant City Attorney, for defendant City of Ann Arbor.

Amicus Curiae: Bodman, Longley, Bogle, Armstrong & Dahling (by Theodore Souris and Harold M. Deason), for Eller Outdoor Advertising Company of Michigan.

LEVIN, J.

I

The trial judge found, and the record supports this finding, that the interplay of diverse restrictions in the Ann Arbor Sign Ordinance effectively outlaws billboards. In the guise of regulation, the City Council of Ann Arbor has proscribed billboards altogether.

The home-rule act authorizes a charter provision "[f]or licensing, regulating, restricting and limiting the number and locations of...

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