Posted by: Patricia Salkin | November 23, 2022
tenth Circuit Court docket of Appeals Upholds Termination of Lawsuit Difficult Space Variation Denial for Digital Billboards by Floor of Denial of Declare
Macgowan’s utility for an space variant in 2018 to erect digital signage subsequent to an interstate freeway inside Metropolis limits was rejected below a provision within the Metropolis Code prohibiting off-site promoting. He filed a lawsuit in federal courtroom and was dismissed for failing to state a declare for which reduction may very well be granted. In 2021 he once more requested for a distinction and Metropolis once more turned him down for a similar motive. He filed one other lawsuit, which was dismissed by the district courtroom citing denial of declare.
On attraction, 10th Circuit agreed that the swimsuit concerned the identical reason for motion within the swimsuit beforehand dismissed as a result of in each instances he introduced claims below the First, Fifth, and Fourteenth Amendments.
Macgowan v City of Fortress Rock, 2022 WL 17176307 (10th sir. CA 23/11/2022)
Posted in Procedural Points, Indicators