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GEORGIA OUTDOOR ADVERTISING v. CITY OF WAYNESVILLE

No. 86-1267.

833 F.2d 43 (1987)

GEORGIA OUTDOOR ADVERTISING, INC., d/b/a Allison Outdoor Advertising, Inc., a Georgia Corporation, Plaintiff-Appellant, v. The CITY OF WAYNESVILLE, a North Carolina Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 13, 1987.

Attorney(s) appearing for the Case

Albert Lee Sneed, Jr., Asheville, N.C., (Michelle Rippon, Van Winkle, Buck, Wall, Starnes & Davis, Asheville, N.C., on brief), for plaintiff-appellant.

Katherine Slaughter McNett, Southern Environmental Law Center, Rodney Miller Ligon, Jr. (Carlyle, Sandridge & Rice, Winston Salem, N.C., Frank G. Queen, Michael Bonfoey, Smith, Bonfoey & Queen, Waynesville, N.C., on brief), for defendant-appellee.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

The plaintiff, Georgia Outdoor Advertising, Inc., appeals from a grant of summary judgment in favor of the defendant, the City of Waynesville. We affirm the district court's decision in part and remand the case for further proceedings.

The plaintiff erects and maintains a number of outdoor advertising signs within the City of Waynesville and within one mile outside of Waynesville, the area covered by the ordinance in question. In the...

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