CAROLE MEDIA LLC v. NEW JERSEY TRANSIT CORP.

No. 07-3966.

550 F.3d 302 (2008)

CAROLE MEDIA LLC, a New Jersey Limited Liability Company v. NEW JERSEY TRANSIT CORPORATION; All Vision LLC; Stuart Brooks, in his official capacity as Director of Outdoor Advertising for the New Jersey Department of Transportation. Carole Media, LLC, a New Jersey Limited Liability Company v. New Jersey Transit Corporation; All Vision LLC. Carole Media, LLC, Appellant.

United States Court of Appeals, Third Circuit.

Filed December 22, 2008.


Attorney(s) appearing for the Case

Gage Andretta (Argued), Wolff & Samson West Orange, NJ, for Appellant, Carole Media LLC.

Anne Milgram, Attorney General of New Jersey, of counsel, Andrea M. Silkowitz, Assistant Attorney General, on the brief, Kenneth M. Worton (Argued), Melanie E. Brown, Deputy Attorneys General, Office of Attorney General of New Jersey, Department of Law & Public Safety, Newark, NJ, for Appellee, New Jersey Transit Corp.

On the brief Ronald L. Glick (Argued), Julie E. Ravis, Stevens & Lee, Princeton, NJ, for Appellee, All Vision LLC.

Before SLOVITER, FUENTES and ALDISERT, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

In 2004, after a scandal involving the licensing of billboards on New Jersey property, New Jersey took steps to revamp its billboard program. Thereafter, two of the companies that had licenses to display those billboards filed suit against the New Jersey Transit Corporation ("NJ Transit"), the lessor, and All Vision LLC ("All Vision"), its managing agent. The suit was initiated by CBS Outdoor Inc., which...

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