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ACKERLEY COMMUNICATIONS OF MASS., INC. v. CAMBRIDGE

No. 97-1127.

135 F.3d 210 (1998)

ACKERLEY COMMUNICATIONS OF MASSACHUSETTS, INC., Plaintiff, Appellant, v. CITY OF CAMBRIDGE and Robert Bersani, etc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 5, 1998.

Attorney(s) appearing for the Case

Charles Rothfeld, with whom Andrew L. Frey, Kenneth S. Geller, Mayer, Brown & Platt, Washington, DC, George A. Berman, Joseph S. Berman, Posternak, Blankstein & Lund, Boston, MA, Eric M. Rubin, Walter E. Diercks and Rubin, Winston, Diercks, Harris & Cooke, Washington, DC, were on brief, for appellant.

Peter L. Koff, with whom McGowan, Engel, Tucker, Garrett & Schultz, P.A., Boston, MA, Arthur J. Goldberg, Middletown, RI, and City of Cambridge Law Department were on brief, for appellees.

Before BOUDIN, Circuit Judge, GODBOLD and CYR, Senior Circuit Judges.

CYR, Senior Circuit Judge.

In an earlier opinion we held that the City of Cambridge had violated the First Amendment rights of Ackerley Communications of Massachusetts, Inc., by requiring it to remove various signs which failed to conform with a recently enacted zoning provision aimed at controlling the proliferation of aesthetically offensive signage. Ackerley Communications of Mass., Inc. v. City of Cambridge, 88 F.3d 33...

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