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GEFT OUTDOOR, LLC v. CITY OF WESTFIELD

No. 20-2915, No. 20-3101.

39 F.4th 821 (2022)

GEFT OUTDOOR, LLC, Plaintiff-Appellee, v. CITY OF WESTFIELD, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 2022.

Attorney(s) appearing for the Case

A. Richard Musgrove Blaiklock , Charles R. Whybrew , Attorneys, Lewis Wagner, LLP, Indianapolis, IN, for Plaintiff-Appellee GEFT Outdoor, LLC.

A. Richard Musgrove Blaiklock , Charles R. Whybrew , Attorneys, Lewis Wagner, LLP, Indianapolis, IN, for Plaintiff Jeffrey S. Lee in No. 20-2915.

Mark J.R. Merkle , Attorney, Krieg Devault, Carmel, IN, Pamela G. Schneeman , James S. Stephenson , Attorneys, Stephenson Morow & Semler, Indianapolis, IN, Philip W. Savrin, I , Attorney, Freeman Mathis & Gary, Atlanta, GA, for Defendants-Appellants.

Manuel Herceg , Chou-IL Lee , Donald Eugene Morgan , Attorneys, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Amici Curiae City of Carmel, Indiana, City of Greenwood, City of Noblesville, City of Shelbyville, City of West Lafayette, Town of Plainfield.

Dwayne Sam , Attorney, William & Mary Law School, Williamsburg, VA, for Amicus Curiae William & Mary Appellate and Supreme Court Clinic.

Before Flaum and Scudder, Circuit Judges.

Before us for the second time in three years is an appeal in long-running litigation brought by GEFT Outdoor to challenge billboard regulations promulgated by the City of Westfield, Indiana. The district court, in the face of a due process challenge, previously declined to enjoin the regulations on a preliminary basis but...

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