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CLEAR CHANNEL OUTDOOR v. CITY OF PORTLAND

Nos. 980100125, A135896.

262 P.3d 782 (2011)

243 Or. App. 133

CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, formerly known as Ackerly Media Group, Inc., a Washington corporation, dba Clear Channel Outdoor, Plaintiff-Appellant, v. CITY OF PORTLAND, Defendant-Respondent, and Joseph Cotter, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Michael T. Garone , Portland, argued the cause for appellant. With him on the opening brief was Schwabe, Williamson & Wyatt, P.C. With him on the combined reply and answering brief were Donald Joe Willis , Jill Gelineau , and Schwabe, Williamson & Wyatt, P.C.

Tracy Poole Reeve , Senior Deputy City Attorney, argued the cause and filed the briefs for respondent.

Joseph Cotter filed the brief pro se.

Before SERCOMBE, Presiding Judge, and WOLLHEIM, Judge, and RIGGS, Senior Judge.

SERCOMBE, J.

This case concerns the remedies available to plaintiff, a sign company that sells advertising space on billboards, after plaintiff obtained a declaration from the court that portions of the City of Portland's sign code were unconstitutional under Article I, section 8, of the Oregon Constitution. When the city did not issue a number of sign permits sought by plaintiff, plaintiff filed suit requesting, among other things, an injunction ordering that the...

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