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PRIME MEDIA, INC. v. CITY OF BRENTWOOD

No. 04-5012.

398 F.3d 814 (2005)

PRIME MEDIA, INC., Plaintiff-Appellee, v. CITY OF BRENTWOOD, Tennessee, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2005.

Attorney(s) appearing for the Case

ARGUED: Mary Byrd Ferrara, Farrar & Bates, Nashville, Tennessee, for Appellant. E. Adam Webb, Webb & Porter, LLC, Atlanta, Georgia, for Appellee. ON BRIEF: Mary Byrd Ferrara, Kristin Ellis Berexa, Farrar & Bates, Nashville, Tennessee, for Appellant. E. Adam Webb, Webb & Porter, LLC, Atlanta, Georgia, for Appellee.

Before: GILMAN and SUTTON, Circuit Judges; McKEAGUE, District Judge.

OPINION

SUTTON, Circuit Judge.

At stake in this case is the constitutionality of an ordinance promulgated by the City of Brentwood, Tennessee, that restricts the size and height of billboards located within the city. Faced with a claim by an outdoor advertising company that the ordinance violated the company's First Amendment rights, the district court invalidated the law. Because we conclude that the ordinance is a content-neutral restriction on the time...

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