Outdoor One Communications LLC v. Genoa, Charter Township of, No. 2:2020cv12459 - Document 16 (E.D. Mich. 2021)

Court Description: ORDER granting in part and denying in part 8 Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)

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Dockets.Justia.com OUTDOOR ONE COMMUNICATIONS, LLC 2:20-CV-12459-TGB-RSW ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS (ECF NO. 8) CHARTER TOWNSHIP OF GENOA MICHIGAN Outdoor One Communications LLC v. Genoa, Charter Township of Doc. 16 I. BACKGROUND See id Id. Id. Id. Id. 2 Id Reed v. Town of Gilbert Id. II. STANDARD OF REVIEW U.S. v. Ritchie . See id Id. Albrecht v. Treon Bell Atl. Corp. v. Twombly League of United Latin Am. Citizens v. Bredesen Kottmyer v. Maas Jones v. City of Cincinnati Bassett v. Nat’l Collegiate Athletic Ass’n Amini v. Oberlin Coll III. ANALYSIS GRANT DENY a. Mootness Id See Int’l Outdoor, Inc. v. City of Troy Michigan b. Standing Coal Operators and Associates, Inc. v. Babbitt Warth v. Seldin Spokeo, Inc. v. Robins Id. Id. Lujan v. Defs. of Wildlife Spokeo . constitutional prudential Prime Media, Inc. v. City of Brentwood County Court of Ulster County, N.Y. v. Allen Prime Media CAMP Legal Defense Fund, Inc. v. City of Atlanta Prime Media Midwest Media Prop., L.L.C. v. Symmes Twp., Ohio See Crossroads Outdoor LLC v. Green Oak Charter Twp. see also Prime Media Prime Media Id i. Standing as to Count I Id. see Crossroads Outdoor cf. Prime-Site Media, LLC v. City of Oak Park Id See Crossroads Outdoor arising from the billboard regulations for which it was denied variances Id. this sign see also sometimes may have See Crossroads Outdoor See Prime-Site Media, Thomas v. Bright See Thomas Thomas See Thomas Thomas Thomas, Thomas Id Because the on-premises exception is not severable Thomas Id Thomas ii. Standing as to Count II International Outdoor, Inc. v. City of Troy, Michigan International Outdoor due to iii. Standing as to Count III International Outdoor, Inc. v. City of Troy, Michigan Prime Media lack of redressability International Outdoor International Outdoor injury in fact International Outdoor Int’l Outdoor, Inc. v. City of Troy See Prime Media, Inc City of Lakewood v. Plain Dealer Pub. Co iv. Standing as to Count IV See King Enterprises, Inc. v. Thomas Twp c. Severability See Prime-Site Media Midwest Media 6 See Int’l Outdoor, Inc. v. City of Troy, Michigan Midwest Media i. The height, size, and numerosity requirements are content neutral and narrowly tailored See Prime Media Midwest Media Int’l Outdoor Int’l Outdoor, Inc. v. City of Troy Outdoor One Commc’ns, LLC. v. Charter Twp. of Canton See Prime Media, Midwest Media Outdoor One Commc’ns, LLC. v. Charter Twp. of Canton Cf. Outdoor One Cf. Prime-Site Media, before ii. The allegedly content-based provisions are severable from the content-neutral Table 16.1 requirements City of Lakewood v. Plain Dealer Pub. Co In re Request for Advisory Opinion Regarding Constitutionality of 2011 PA 38 Blank v. Dep’t of Corr. See Midwest Media Midwest Media Id See Int’l Outdoor, Inc. v. City of Troy Int’l Outdoor, Inc. v. City of Troy Outdoor One Commc’ns, LLC. v. Charter Twp. of Canton d. Plaintiff has stated a plausible claim as to the permitting procedure and the variance provision being unconstitutional prior restraints Id McGlone v. Bell Alexander v. United States City of Lakewood v. Plain Dealer Pub. Co Forsyth Cty., Ga. v. Nationalist Movement FW/PBS, Inc. v. City of Dallas See Int’l Outdoor, Inc. v. City of Troy, Int’l Outdoor, Inc. v. City of Troy, Michigan Outdoor One Commc’ns, LLC. v. Charter Twp. of Canton See Prime Media IV. CONCLUSION GRANTED IN PART DISMISSED WITH PREJUDICE DENIED IN PART IT IS SO ORDERED.

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