NATIONAL ADVERTISING CO. v. CITY OF RALEIGH

No. 90-3086.

947 F.2d 1158 (1991)

NATIONAL ADVERTISING COMPANY, Plaintiff-Appellant, v. CITY OF RALEIGH, North Carolina, Defendant-Appellee. Southern Environmental Law Center, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1991.


Attorney(s) appearing for the Case

Michael M. Berger, argued, Fadem, Berger, Norton, Los Angeles, Cal., for plaintiff-appellant.

Thomas A. McCormick, argued, City of Raleigh, Raleigh, N.C., for defendant-appellee.

Katherine E. Slaughter, Southern Environmental Law Center, Charlottesville, Va., on the brief, for amicus curiae.

Before RUSSELL and WILKINS, Circuit Judges, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

ELLIS, District Judge:

Appellant National Advertising Company commenced this action in April 1989 under 42 U.S.C. § 1983 alleging that a 1983 ordinance adopted by the City of Raleigh, North Carolina, restricting off-premise outdoor advertising signs, violated the First and Fourteenth Amendments and also resulted in a taking without just compensation in violation of the Fifth and Fourteenth Amendments. The district court found that National's...

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