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SEAY OUTDOOR ADVERTISING v. CITY OF MARY ESTHER

No. 03-15517.

397 F.3d 943 (2005)

SEAY OUTDOOR ADVERTISING, INC., Plaintiff-Appellant, v. CITY OF MARY ESTHER, FLORIDA, John Lulue, as an individual and in his capacity as City Manager, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 14, 2005.

Attorney(s) appearing for the Case

Frank Alfred Baker, Marianna, FL, Edward Adam Webb, E. Adam Webb P.C., Atlanta, GA, for Plaintiff-Appellant.

Dennis P. Dore, Dore, Lanier & Noey, William David Brinton, Rogers, Towers, PA, for Defendants-Appellees.

Matthew Harris Mandel, Susan LaNelle Trevarthen, Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, P.A., Fort Lauderdale, FL, for Amicus Curiae.

Before EDMONDSON, Chief Judge, and PRYOR and FAY, Circuit Judges.

FAY, Circuit Judge:

In this sign ordinance case, Plaintiff-Appellant Seay Outdoor Advertising, Inc. ("Seay") filed a complaint challenging as unconstitutional the repealed version of an revised local ordinance governing the erection and maintenance of signs in the City of Mary Esther, Florida ("Mary Esther"). Seay's Complaint sought to permanently enjoin enforcement of the repealed ordinance, to compel Mary Esther to grant permits which would allow Seay to erect seven...

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