|Case Forum:||Michigan Court of Appeals|
|Keywords:||billboards, exclusionary zoning, ordinance, Home Rule City Act (HRCA), City and Village Zoning Act, First Amendment|
Andrew J. Mulder | P. Haans Mulder| Cunningham Dalman, P.C. | 321 Settlers Road | Holland, MI 49422-1767 | 616-392-1821 | [email protected]
The city of Clawson has two separate and independent sources of authority to regulate billboards–the Home Rule City Act and Michigan’s Constitution. The framers of the 1963 Constitution wanted to reflect Michigan’s successful experience with home rule by providing “a more positive statement and municipal powers, giving home rule cities and villages full power over their property and government subject to this Constitution and law.”
Plaintiff challenges the legality of defendant’s ordinance that prohibits “billboards,” meaning readily changeable signs unrelated to the principal use of the premises upon which they are located. We conclude that, because it advances no governmental interest, the ordinance’s prohibition of readily changeable signs violates plaintiff ‘s First Amendment right of free speech. We reverse and remand.
|MSC requested LDF amicus brief?||No|
Viacom Outdoor sued the city of Clawson over an ordinance