Get Outdoors II, LLC v. City of El Cajon

MEMORANDUM **

Get Outdoors II, LLC, a Nevada limited liability company, appeals a grant of summary judgment in favor of the City of El Cajon, California, on all claims. Get Outdoors filed a dozen permit applications for the installation of outdoors signs in El Cajon. El Cajon found that all of the applications were for signs that would violate the city’s sign area and height restrictions. Get Outdoors filed suit against El Cajon claiming its sign ordinance and corresponding permitting procedures were unconstitutional on their face and as applied with regard to the First Amendment. Parties engaged in settlement negotiations before a Magistrate Judge for six months. Get Outdoors claims these negotiations led to an oral contract in the form of a settlement agreement.

The court below found that each of Get Outdoors’ permit applications would have violated El Cajon’s constitutionally valid area and height restrictions. Unable to redress its injuries, the court found that Get Outdoors did not have standing to bring First Amendment claims. The court also found that no valid contract resulted from settlement negotiations, given the absence of the mayor’s signature on a written…

concurring:

I concur in the result.

FILED

NOT FOR PUBLICATION NOV 17 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

GET OUTDOORS II, LLC, a Nevada No. 08-55005 Limited Liability Company d/b/a GET OUTDOORS, L.L.C., in California, D.C. No. CV-03-01437-W

Plaintiff - Appellant,

MEMORANDUM *

v.

CITY OF EL CAJON, California,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Argued and Submitted November 5, 2010 Pasadena, California

Before: GOODWIN and RAWLINSON, Circuit Judges, and SEABRIGHT, District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation. Get Outdoors II, LLC, a Nevada limited liability company, appeals a grant

of summary judgment in favor of the City of El Cajon, California, on all claims.

Get Outdoors filed a dozen permit applications for the installation of…