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ACKERLEY COMMUNICATIONS v. CITY OF SALEM, OR.

No. 83-3548.

752 F.2d 1394 (1985)

ACKERLEY COMMUNICATIONS, INC., a Washington corporation, Plaintiff-Appellant, v. The CITY OF SALEM, OREGON, a municipal corporation, Defendant-Appellee, and County of Multnomah, a home rule subdivision of the State of Oregon, Defendant Intervenor-Appellee. ACKERLEY COMMUNICATIONS, INC., a Washington corporation, Plaintiff-Appellant, v. The CITY OF PORTLAND, a political subdivision of the State of Oregon, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1985.

Attorney(s) appearing for the Case

Donald Willis, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiff-appellant.

Thomas R. Williams, Peter Kasting, Portland, Or., for defendants-appellees.

Before SNEED, ALARCON, and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

The issue presented by this appeal is whether the district court abused its discretion under the Civil Rights Attorney's Fee Awards Act of 1976, 42 U.S.C. § 1988, by refusing to award attorney's fees to appellant, Ackerley Communications, Inc. (hereinafter "appellant"). We hold that the district court did abuse its discretion and reverse and remand to fix the amount of fees to be awarded.

I

Appellant is an outdoor advertising...

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