ACKERLEY COMMUNICATIONS OF NORTHWEST v. KROCHALIS

No. 95-36211.

108 F.3d 1095 (1997)

ACKERLEY COMMUNICATIONS OF THE NORTHWEST INC., a corporation, Plaintiff-Appellant, v. R.F. KROCHALIS, Director, Seattle Department of Construction and Land Use; Department of Construction and Land Use, Seattle, an Agency of the City of Seattle, Washington; City of Seattle, a Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 7, 1997.


Attorney(s) appearing for the Case

Andrew L. Frey, Mayer, Brown, & Platt (argued), Washington, D.C.; Paul R. Taylor, Byrnes & Keller, Seattle, Washington; and Darrin N. Sacks, Rubin, Winston, Diercks, Harris & Cooke, Washington, D.C., for the plaintiff-appellant.

Eleanore S. Baxendale, Assistant City Attorney, Seattle, Washington, for the defendants-appellees.

Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges.


OPINION

RYMER, Circuit Judge.

This appeal requires us to decide whether Seattle's regulation limiting the construction and relocation of billboards passes constitutional muster as a matter of law under Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 101 S.Ct. 2882, 69 L.Ed.2d 800 (1981), without detailed proof that the billboard regulation will in fact advance the city's interests in traffic safety and esthetics...

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