G.K. Ltd. Travel, an Oregon Corporation Wh Gillison Ramsay Signs, Inc., an Oregon Corporation Kathleen Kusudo v. City of Lake Oswego Sandy Ingalls

Good Law
436 F.3d 1064·2006 WL 177223·2006 U.S. App. LEXIS 1857
United States Court of Appeals for the Ninth CircuitJanuary 26, 200604-35416California10,263 words

Opinion

Opinion

Fisher, J.

Plaintiffs-appellants (“plaintiffs”) are the owners of a pole sign used to advertise their travel business in the City of Lake Oswego (“City”). With the stated purpose to reduce visual blight and protect traffic and traveler safety, the City has enacted a sign code ordinance (“Sign Code” or “Code”) regulating the type, size and design of all signs erected within its borders. The Sign Code prevents plaintiffs from continuing to use their pole sign, because that form of sign is severely restricted. Plaintiffs challenge the constitutionality of the Sign Code, raising multiple as-applied and facial claims. The district court granted summary judgment to the City, in large part, and plaintiffs appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

I. Background

A. Plaintiffs’ Pole Sign

Plaintiff Ramsay Signs, Inc. (“Ramsay”) owns a 42.5-square-foot pole sign that has been used since 1980 in Lake Oswego. Ramsay leased its pole sign to Journeys! of Lake Oswego (“Journeys!”) in 1996 for the purpose of advertising the Journeys! travel business. In February 2001, plaintiff G.K. Ltd. Travel (“G.K.”) purchased Journeys! along with the pole sign lease and instructed Ramsay…

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