RTM MEDIA, L.L.C. v. CITY OF HOUSTON

No. 08-20701.

584 F.3d 220 (2009)

RTM MEDIA, L.L.C., Plaintiff-Appellant, v. CITY OF HOUSTON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 28, 2009.


Attorney(s) appearing for the Case

William W. Ogden (argued), Ogden, Gibson, Broocks & Longoria, Houston, TX, for RTM Media, L.L.C.

Craig Smyser, Justin M. Waggoner (argued), Smyser, Kaplan & Veselka, James R. Moriarty, Moriarty, Leyendecker, Erben, P.C., Martie Roach Yeates, Vinson & Elkins, L.L.P., Houston, TX, for City of Houston.

William David Brinton, Rogers Towers, Jacksonville, FL, Jonathan M. Day, Andrews Kurth, L.L.P., Houston, TX, for all Amici Curiae.

John M. Baker, Greene Espel, PLLP, Minneapolis, MN, for Amici Curiae: Texas Mun. League, Texas City Attys. Ass'n, Houston Northwest Chamber of Commerce, American Planning Ass'n, Scenic America, Inc. ScenicTexas, Inc. and Scenic Houston.

Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

RTM Media appeals a summary judgment for the City of Houston. We affirm.

I.

Houston's sign code threatens to eliminate most of the fifty-nine billboards owned by RTM, an outdoor advertising company. The city sued in state court, accusing RTM of violating the sign code and being a public nuisance; RTM then sued in federal court, alleging that the code violates the First Amendment and that it cannot be enforced against...

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