Outdoor Media Group, Inc. v. City of Beaumont

ORDER (1) GRANTING DEFENDANT CITY OF.BEAUMONT’S MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 12(b)(6); and (2) DISMISSING THIS ACTION.

The court, Judge Robert J. Timlin, has read and considered defendant City of Beaumont (“City”)’s motion to dismiss the complaint - of plaintiffs Outdoor Media Group, Inc., and Chance Outdoor, LLC (collectively, “Plaintiffs”)s’ pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) (“Rule 12(b)(6)”), Plaintiffs’ opposition, and City’s reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

Plaintiffs lease billboards to the public throughout Southern California. The billboards are typically located on property leased by Plaintiffs.

On May 22, 2003, Plaintiffs filed a conditional use permit (“CUP”) application to erect four billboards in City. On July 8, 2003, City’s Director of Planning recommended that the City Planning Commission deny the CUP because: (1) it was anticipated that the subject site would be part of a larger regional commercial development in the future; (2) it would result in an excessive, undue, and adverse visual intrusion of the area; and (3) it would adversely affect…