Jeffrey Herson v. City of Richmond

MEMORANDUM

Jeffrey Herson and East Bay Outdoors, Inc. (collectively “Herson”) appeal the district court’s orders dismissing their various claims. We affirm.

1.The district court addressed Her-son’s claims challenging the repealed version of the Richmond Sign Code (“Old Ordinance”) in two separate orders. First, the district court dismissed as moot Her-son’s claims seeking declaratory and in-junctive relief from the Old Ordinance, but left intact Herson’s damages claim for the denial of his sign applications. The court did not err in dismissing the declaratory and injunctive claims as moot, because the repealed Old Ordinance could no longer be enforced against him. See Outdoor Media Grp., Inc. v. City of Beaumont, 506 F.3d 895, 900-01 (9th Cir.2007). Thus, “there exist[ed] no live issue upon which the court could issue prospective relief.” Id. at 901 . Subsequently, the district court granted the City’s motion for summary judgment on Herson’s damages claim. Because Herson’s proposed signs violated the content-neutral height and size restrictions of the Old Ordinance, the City had an independent, constitutionally valid reason for denying Herson’s applications. See Get Outdoors II,…