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BENCH BILLBOARD CO. v. CITY OF TOLEDO

No. 3:07CV2027.

759 F.Supp.2d 905 (2010)

BENCH BILLBOARD COMPANY, Plaintiff, v. CITY OF TOLEDO, Defendant.

United States District Court, N.D. Ohio, Western Division.

October 15, 2010.

Attorney(s) appearing for the Case

Eric C. Holzapfel , Drew & Ward, Cincinnati, OH, for Plaintiff.

John T. Madigan , Keith J. Winterhalter , Mark S. Schmollinger , Toledo, OH, for Defendant.

William H. Heywood, III , Shumaker, Loop & Kendrick, Toledo, OH.

ORDER

JAMES G. CARR, District Judge.

This is a suit by plaintiff Bench Billboard Company (BBC) about the City of Toledo's regulation of bus stop courtesy benches. Toledo enacted a new ordinance regulating such benches TMC §§ 719.01-11, in February, 2007. Among other things, the ordinance required BBC to place trash receptacles by the benches and keep the area free of snow and debris.

BBC filed this suit under 42 U.S.C. § 1983, alleging...

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