Clear Channel Outdoor Inc. v. Port of Seattle

Good Law
482 F. App'x 211
United States Court of Appeals for the Ninth CircuitMay 2, 201211-35042California1,462 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Clear Channel Outdoor, Inc. (“Clear Channel”) appeals from the district court’s order granting summary judgment to Defendant-Appellee the Port of Seattle (“the Port”). The court concluded that the parties entered into a binding contract under which Clear Channel agreed to the early termination of leases for three billboards, located on properties the Port needed to acquire for a road improvement project, in exchange for $500,000. The court also concluded that, even if no contract existed, Clear Channel was estopped from repudiating its promise to terminate the leases and remove the billboards. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s grant of summary judgment, as well as its interpretation of state law, de novo. Bravo v. City of Santa Maria, 665 F.3d 1076, 1083 (9th Cir.2011); Feature Realty, Inc. v. City of Spokane, 331 F.3d 1082 , 1086 n. 3 (9th Cir.2003).

1. The district court correctly concluded that the parties entered into a binding contract regarding the early termination of Clear Channel’s leases, as reflected in the Early Lease Termination Agreement (“ELTA”) and Clear Channel’s October…

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