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NAEGELE OUTDOOR ADVERTISING v. CITY OF DURHAM

No. C-85-722-D.

803 F.Supp. 1068 (1992)

NAEGELE OUTDOOR ADVERTISING, INC., d/b/a Naegele Outdoor Advertising Company of Raleigh-Durham, Plaintiff, v. CITY OF DURHAM, Defendant.

United States District Court, M.D. North Carolina, Durham Division.

August 24, 1992.

Attorney(s) appearing for the Case

James L. Gale, Richard W. Ellis, Smith Helms Mullis & Moore, Raleigh, William Sam Byassee, Smith Helms Mullis & Moore, Greensboro, for plaintiff.

Karen A. Sindelar, and Reginald B. Gillespie, Jr., Brenda Maria Foreman, O. William Faison, Faison, Fletcher, Barber & Gillespie, Durham, for defendant.

MEMORANDUM OPINION

BULLOCK, District Judge.

This case is again before the court to undertake the "difficult"1 task of determining whether the Defendant City of Durham's ("City") 1984 ordinance prohibiting all commercial, off-premises advertising signs except those along interstate or federally aided primary highways after a 5½-year grace period violates the Fifth Amendment's proscription, applicable to the states through...

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