Fed. Dist. Court in NY Allows Intervenor Status to Challenge Wireless Facility

This post was authored by Sebastian Perez, JD

Proposed intervenors sought to challenge AT&T’s application for a wireless facility at St. Peter’s chapel (the “Chapel”) as violative of the Telecommunications Act of 1996 (“TCA”). The judge had previously ordered Plaintiff’s and Defendant’s proposed settlement agreement (“Settlement Agreement”), but the Court granted the Proposed Intervenors’ motion (the “Motion”) finding all of the factors in FRCP 24(a)(2) governing intervention were met: (1) timeliness of the motion; (2) the movant’s interest related to the property or transaction that constituted the subject of the action; (3) absent intervention, the movant’s ability to protect its

Seventh Circuit: Madison, Wisconsin’s “Advertising Sign” Regulation Passes Constitutional Muster after City of Austin

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission

The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. The city of Austin is flowing in, and local governments may perhaps breathe a sigh of relief: normalcy has returned. Just last week, the Seventh Circuit upheld Madison, Wisconsin’s regulations on “advertising signs,” the definition of which used the same on/off-premises distinction at issue in City of Austin.

The story there was typical of the genre. Madison has regulated billboards since at least the

Fed. Dist. Court in ND Says No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission.

The Federal District Court for the District of North Dakota denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.

The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix is ​​considered itself just another eligible retailer to locate downtown. City officials disagreed, saying that Romantix’s business of selling sexual devices instead made it an

GOP attorney Eric Early announces Senate campaign

Attorney Eric Early, a loyalist for former President Trump who ran unsuccessfully for Congress in 2020, announced Tuesday that he is running for the US Senate seat being vacated by retiring California Sen. Dianne Feinstein.

The Los Angeles resident, who previously worked in the entertainment industry on animated children’s shows such as “GI Joe” and “Jem and the Holograms,” said he was seeking the office to offer common-sense-conservative solutions on issues such as crime, immigration and foreign policy that he believes are not heard in the nation’s capital.

“I’m running for all the forgotten Californians, all the forgotten Americans,

OH Appeals Court Dismisses Claims Challenging Ordinance Restricting Short-Term Rentals

This post was authored by Matthew Loescher, Esq.

Appellants, Douglass Ebner, 2253 Cedar Point LLC, and 2243 Cedar Point LLC appealed the judgment of the Erie County Court of Common Pleas, which granted summary judgment in favor of appellee, the City of Sandusky, on Ebner’s counterclaims that Sandusky Ordinance Nos. 12-107 and 17-088 were invalidly enacted and were unconstitutional. The litigation at issue was initiated on October 31, 2017, when Ebner’s neighbor, Judith Kinzel, filed a complaint against Ebner seeking injunctive relief and damages. Specifically, Kinzel alleged that Ebner’s use of the properties for short-term rentals was in violation of

KY Appeals Court Finds Civil Claims Arising from Denial of Zone Map Amendment were Not Viable

This post was authored by Matthew Loescher, Esq.

Representatives of the City of Paris, Kentucky, applied for a zoning map amendment to rezone the 47 acres of property from a conservation district to light industrial. The Paris City Commission and its representatives entered into a non-disclosure deal with a prospective corporate purchaser to conceal its identity. A bourbon distillery was to be built on the property, but the local Planning and Zoning Commission held a hearing during which evidence was presented, and then voted six to three to deny the zone map amendment. The Planning Commission was overruled by a

DOJ could have ‘very good evidence’ of possible Trump obstruction in documents case

Former Attorney General Bill Barr, once one of Donald Trump’s most loyal defenders, said the investigation of classified documents could pose a real threat to the former president, even as he slammed a prosecutor’s indictment of Trump in a separate probe last week.

Barr said Trump played “games” with federal investigators as they sought to retrieve the documents from Trump’s Mar-a-Lago estate. Those games, Barr said on ABC’s “This Week,” could amount to obstruction of justice.

“I think that’s a serious potential case. I think they probably have some very good evidence there,” Barr said.

Former President Donald Trump and former Attorney General Bill Barr step off Air Force One upon arrival at Andrews Air Force Base in Maryland on Sept.  1, 2020.

Former President Donald Trump and

Seventh Circuit Upholds Sign Code Variance Procedure

This post was authored by Julie Tappendorf and Tyler Smith of Ancel Glink and originally posted in the Municipal Minute and reposted with permission

The Seventh Circuit Court of Appeals recently ruled against a billboard company in its First Amendment challenge to a county’s sign code. GEFT Outdoors, LLC v. Monroe County.

A billboard company sought to install a digital billboard which did not comply with the county’s sign code regulations. The company applied for a variance from the County’s Board of Zoning Appeals (BZOA). After the BZOA denied the variance request, the billboard company sued the county under a