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ELLER MEDIA CO. v. CITY OF HOUSTON

No. 01-00-00588-CV.

101 S.W.3d 668 (2003)

ELLER MEDIA COMPANY, Appellant, v. CITY OF HOUSTON, Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 6, 2003.

Attorney(s) appearing for the Case

Kenneth S. Marks, Susman, Godfrey L.L.P., Houston, for Appellant.

Elizabeth L. Pool, Assistant City Attorney, Houston, for Appellee.

Panel consists of Justices HEDGES, NUCHIA, and HANKS.

OPINION ON REHEARING

SAM NUCHIA, Justice.

The opinion issued on October 25, 2001 is withdrawn, and this opinion is issued in its place.

Appellant, Eller Media Company, and several other outdoor advertising plaintiffs sued appellee, the City of Houston, challenging the validity of the amended Houston Sign Code and alleging, among other things, a taking without compensation in violation of the Texas and United States Constitutions, a violation of the...

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