Warner

MEMORANDUM **

Immediately after erecting a billboard along an Oregon highway, Outdoor Media Dimensions (“OMD”) filed suit in federal court in Oregon challenging the constitutionality of the Oregon Motorist Information Act of 1971 (“OMIA”), Or.Rev.Stat. §§ 377.700-377.840 & 377.992, which regulates billboard display. Shortly thereafter, OMD received a notice from the Oregon Department of Transportation (“ODOT”) that its billboard was in violation of the OMIA. OMD requested a contested case hearing regarding the notice of violation. OMD subsequently erected four more billboards and received violation notices for each billboard. After engaging in discovery in federal court, and before any merits rulings, ODOT moved to dismiss the case on a number of grounds including Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). The district court determined that Younger barred its review of the issues.

Under Younger , federal courts must abstain from enjoining state proceedings when “(1) the state proceedings are ongoing; (2) the proceedings implicate important state interests; and (3) the state proceedings provide an adequate opportunity to raise federal questions.” Fresh…