ST. LOUIS PARK v. CITY OF ST. LOUIS PARK

No. A04-500.

687 N.W.2d 405 (2004)

ST. LOUIS PARK POST NO. 5632, et al., Plaintiffs, Clear Channel Outdoor, Inc., a Delaware corporation, Appellant, ASK Property Management, Inc., et al., Plaintiffs, v. CITY OF ST. LOUIS PARK, a municipal corporation, Respondent.

Court of Appeals of Minnesota.

October 12, 2004.


Attorney(s) appearing for the Case

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

Thomas M. Scott, Campbell Knutson, P.A., Eagan, MN, for respondent.

Gary A. Van Cleve, Anne M. Olson, Larkin Hoffman Daly & Lindgren Ltd., Bloomington, MN, for amicus curiae Outdoor Advertising Association of Minnesota.

Considered and decided by ANDERSON, Presiding Judge; WILLIS, Judge; and HALBROOKS, Judge.


OPINION

G. BARRY ANDERSON, Judge.

Appellant Clear Channel Outdoor, Inc., instituted a declaratory judgment action, arguing Minn.Stat. § 173.17(c) (2002) and the federal Highway Beautification Act, 23 U.S.C. § 131(g) (2000), preclude respondent City of St. Louis Park from requiring that a nonconforming billboard be removed as a condition of issuing a conditional use permit. The district court granted...

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