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KENJOH OUTDOOR, LLC v. MARCHBANKS

No. 20-4026.

23 F.4th 686 (2022)

KENJOH OUTDOOR, LLC, Plaintiff-Appellant, v. Jack MARCHBANKS, Director, Ohio Department of Transportation; Nathan Fling, Supervisor, Ohio Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2022.

Attorney(s) appearing for the Case

ARGUED: A. Richard M. Blaiklock , LEWIS WAGNER, LLP, Indianapolis, Indiana, for Appellant. Mathura J. Sridharan , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees. ON BRIEF: A. Richard M. Blaiklock , Charles R. Whybrew , LEWIS WAGNER, LLP, Indianapolis, Indiana, Thomas H. Fusonie , Kara M. Mundy , VORYS, SATER, SEYMOUR AND PEASE, LLP, Columbus, Ohio, for Appellant. Benjamin M. Flowers , William J. Cole , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

Before: GILMAN, THAPAR, and NALBANDIAN, Circuit Judges.

OPINION

This is a case about Ohio's billboard regulations. In Ohio, to place an advertising billboard on a highway, you must apply for a permit from the Ohio Department of Transportation (ODOT). But under one of its regulations, known as the compliance rule, ODOT will not process a permit application if the applicant...

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