Outdoor Media Group v. City of Beaumont

I. Background

On May 22, 2003, Outdoor Media filed a conditional use permit application with the Planning Commission of the city of Beaumont to erect four billboards at the junction of Inter- state 10 and State Route 60. On July 8, the City’s Director of Planning recommended that the Planning Commission deny the application, because the signs “would result in excessive, undue and adverse visual intrusion in the character of the sub- ject Interstate 10 and State Highway 60 commercial corridors, by adding unrelated advertising to a future new commercial facility.” It also found the proposed billboards would “have a detrimental effect on the general public, health, safety and welfare by adversely affecting existing views of open space and visual relief and future views of new commercial devel- opment.” The Planning Commission accepted this recommen- dation and rejected Outdoor Media’s permit application. Outdoor Media appealed to the City Council, which affirmed the denial.

Outdoor Media filed this suit on December 12, 2003, alleg- ing that the city deprived it of its First and Fourteenth Amend- ment rights. Specifically, Outdoor Media alleges that (1) the ordinance violates the…