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CLEAR CHANNEL OUTDOOR, INC. v. CITY OF ST. PAUL

No. 09-2670.

618 F.3d 851 (2010)

CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, Appellee, v. The CITY OF ST. PAUL, Appellant. Minnesota Chamber of Commerce; Builders Association of Minnesota; Minnesota Automobile Dealers Association; NAIOP Minnesota; Outdoor Advertising Association of Minnesota, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2010.

Attorney(s) appearing for the Case

Jonathan P. Schmidt , argued, Diane B. Bratvold , on the brief, Minneapolis, MN, for appellant.

David K. Nightingale , argued, Sarah L. Krans , Marvin A. Liszt , on the brief, Minneapolis, MN, for appellee.

Gary Arthur Van Cleve , Michael A. Ponto , Peter J. Coyle , Evan A. Fetters , Julie N. Nagorski , Minneapolis, MN, for amicus brief.

Before WOLLMAN, SMITH, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Clear Channel Outdoor, Inc., sued the City of St. Paul, Minnesota, after the St. Paul City Council ("City Council") enacted an ordinance prohibiting all billboard extensions. After settlement negotiations failed, the district court1 granted Clear Channel's motion for partial summary judgment. The court held the ordinance unenforceable as a matter of Minnesota law, because...

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