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OUTDOOR SYS., INC. v. CITY OF CLAWSON

Docket No. 245069.

686 N.W.2d 815 (2004)

262 Mich.App. 716

OUTDOOR SYSTEMS, INC., doing business as Infinity Outdoor, Plaintiff-Appellant, v. CITY OF CLAWSON, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 6, 2004, at 9:25 a.m.

Released for Publication September 15, 2004.

Attorney(s) appearing for the Case

Bodman, Longley & Dahling L.L.P. (by James J. Walsh, Thomas G. Cecil, and Luttrell D. Levingston), Ann Arbor, for the plaintiff.

Howard & Howard Attorneys, P.C. (by Jon H. Kingsepp, James H. Geary, and Brad Rayle), and Johnson, Rosati, Labarge, Aseltyne & Field, P.C. (by Carol A. Rosati), Bloomfield Hills, Farmington Hills, for the defendant.

Before: SCHUETTE, P.J., and JANSEN and BANDSTRA, JJ.

BANDSTRA, J.

Plaintiff challenges the legality of defendant's ordinance that prohibits "billboards," meaning readily changeable signs unrelated to the principal use of the premises upon which they are located. We conclude that, because it advances no governmental interest, the ordinance's prohibition of readily changeable signs violates plaintiff's First Amendment right of free speech. We reverse and remand.

BACKGROUND FACTS

Plaintiff, now known...

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