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CLEAR CHANNEL v. CITY OF ST. PAUL

No. A03-1013.

675 N.W.2d 343 (2004)

CLEAR CHANNEL OUTDOOR ADVERTISING, INC., f/k/a Eller Media Company, a Delaware corporation, Appellant, v. CITY OF ST. PAUL, Respondent.

Court of Appeals of Minnesota.

March 2, 2004.

Attorney(s) appearing for the Case

Marvin A. Liszt, David K. Nightingale, Bernick and Lifson, P.A., Minneapolis, MN, for appellant.

Manuel Cervantes, St. Paul City Attorney, Eric D. Larson, Assistant City Attorney, St. Paul, MN, for respondent.

John H. Herman, Michael A. Ponto, Craig S. Coleman, Faegre & Benson, LLP, Minneapolis, MN, for Amici Curiae St. Paul Area Chamber of Commerce and Minnesota Automobile Dealers Association.

Considered and decided by KLAPHAKE, Presiding Judge, RANDALL, Judge, and HARTEN, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Clear Channel Outdoor Advertising, Inc. (Clear Channel) brought a declaratory judgment action challenging respondent City of St. Paul's (the city) denial of an application for building permits to effect repairs to three billboards. The district court granted summary judgment in favor of the city and denied Clear Channel's motion for summary judgment, but permitted Clear Channel to amend its complaint to include a regulatory...

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