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GEORGIA OUTDOOR ADVERTISING v. CITY OF WAYNESVILLE

No. 89-1005.

900 F.2d 783 (1990)

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

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1990.

Attorney(s) appearing for the Case

Katherine E. Slaughter (argued), Deborah M. Wassenaar, Southern Environmental Law Center, Charlottesville, Va., Roddey M. Ligon, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., and Frank G. Queen, Smith, Bonfoey & Queen, Waynesville, N.C. (on brief), for defendant-appellant.

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

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

We address for the second time the constitutionality of a Waynesville, North Carolina, ordinance that could effectively prohibit all off-premise outdoor advertising signs in the city.

The district court initially granted summary judgment for Waynesville, determining that the ordinance was a proper exercise of the city's police power that did not violate the first amendment or deny plaintiff due process of law. The district court declined...

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