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ADAMS OUTDOOR ADVERTISING v. CITY OF EAST LANSING

Docket No. 113674, Calendar No. 6.

614 N.W.2d 634 (2000)

463 Mich. 17

ADAMS OUTDOOR ADVERTISING, Plaintiff-Appellee, v. CITY OF EAST LANSING, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 26, 2000.

Attorney(s) appearing for the Case

Fraser, Trebilcock, Davis & Foster, P.C. (by Michael H. Perry), Lansing, for plaintiff-appellee.

McGinty, Jakubiak, Frankland & Hitch, P.C. (by Thomas M. Hitch and Dennis E. McGinty) East Lansing, for defendant-appellant.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler, Assistant Attorney General in Charge, and S. Peter Manning, Assistant Attorney General, Lansing, amici curiae for the Attorney General.

Bodman, Longley & Dahling, L.L.P. (by James J. Walsh), Ann Arbor, amicus curiae for Michigan Chamber of Commerce and Outdoor Advertising Association of Michigan.

Secrest, Wardle, Lynch, Hampton, Truex & Morley (by Gerald A. Fisher and Thomas R. Schultz), Farmington Hills, amici curiae for Michigan Municipal League.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland, Kelly A. Myers, and Marc D. Matlock), Lansing, amici curiae for Small Business Association of Michigan.

Plunkett & Cooney, P.C. (by Mary Massaron Ross), Detroit, amici curiae for American Planning Association.

John F. Rohe, Petoskey, and John T. Bagg, Salem, OR and John D. Echeverria, Washington, D.C., of counsel, amici curiae for Scenic America and Scenic Michigan.

AFTER REMAND

Opinion

TAYLOR, J.

At issue is whether application of East Lansing's sign code to Adams Outdoor Advertising's rooftop signs effects a taking. The trial court and Court of Appeals concluded that the code resulted in a taking with respect to Adams' rooftop signs. We reverse.

In 1975, East Lansing adopted its current sign code. As pertinent to this appeal, the code prohibited rooftop...

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