Outdoor Media Group, Inc. v. City of Beaumont

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

Before the Court is Plaintiffs Outdoor Media Group, Inc. (“OMG”) and Chance Outdoor, LLC’s (“Chance”) (collectively, “Plaintiffs”) Motion for Summary Judgement, or in the Alternative, Summary Adjudication (“Plaintiffs’ Motion”). Also before the Court is Defendant City of Beaumont’s (the “City” or “Defendant”) Motion for Summary Judgment (“Defendant’s Motion”). The Court finds the matters appropriate for decision without oral argument. Fed.R.Civ.P. 78; Local R. 7-15. After considering the moving, opposing, and reply papers, as well as all evidence submitted in conjunction with both motions, the Court hereby rules as follows:

I. Background

The following are uncontroverted facts supported by admissible evidence:

Plaintiffs OMG and Chance were in the business of leasing outdoor advertising space to the public through the provision of billboards. On May 22, 2003, OMG filed a conditional use permit (“CUP”) application with the City to erect four billboards on property at the northwest intersection of Interstate 10 and State Highway 60. On July 8, 2003, the City’s then Director of…