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NAEGELE OUTDOOR ADVERTISING, INC. v. CITY OF DURHAM

No. 87-1599.

844 F.2d 172 (1988)

NAEGELE OUTDOOR ADVERTISING, INC., d/b/a Naegele Outdoor Advertising Company of Raleigh-Durham, Plaintiff-Appellant, v. CITY OF DURHAM, Defendant-Appellee, The Outdoor Advertising Association of America, Inc. (OAAA); North Carolina Restaurant Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1988.

Attorney(s) appearing for the Case

Andrew Lewis Frey (Kenneth S. Geller, Mark W. Ryan, Patricia A. McCoy, Mayer, Brown & Platt, John McNeill Smith, William S. Byassee, Smith, Helms, Mulliss & Moore, on brief), for plaintiff-appellant.

Brenda M. Foreman (O. William Faison, Faison, Brown, Fletcher & Brough, on brief), for defendant-appellee.

(Eric M. Rubin, Walter E. Diercks, Steven J. Stone, Rubin, Winston & Diercks, on brief), for amicus curiae Outdoor Advertising Ass'n of American, Inc. in support of plaintiff-appellant.

Thomas W. Steed, Jr., Moore & Van Allen, on brief, for amicus curiae North Carolina Restaurant Ass'n in support of plaintiff-appellant.

Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Naegele, a major outdoor advertising company, seeks to have a billboard ordinance adopted by the city of Durham invalidated as violative of Naegele's first and fifth amendment rights, applicable to the states through the fourteenth amendment. It also seeks damages for injuries it claims it has already suffered. The district court granted summary judgment in favor of the city. We affirm the district court's disposition of the first amendment...

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