Get Outdoors II, LLC v. City of Chula Vista

Get Outdoors II challenges the denial of its sign permit applications under the City *572 of Chula Vista’s sign regulations. Because the parties are familiar with the facts and proceedings below, we do not recite them here. In a concurrently filed opinion, we lay out the general principles of standing and prior restraint law that control our decision here. See Get Outdoors II, LLC v. City of San Diego, 506 F.3d 886 (9th Cir.2007). We affirm.

The applications proposed by Get Outdoors II were denied because they were incomplete but would have also been denied under the City’s ban on off-site commercial messages and under the City’s size and height regulations on signs. Get Outdoors II has standing to challenge only the provisions that caused its permits to be denied. However, because it has not challenged the size and height restrictions that independently prohibited its proposed signs, we hold it lacks standing to challenge the remainder of the ordinance both substantively and as a prior restraint. See City of San Diego, 506 F.3d at 894 ; see also Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421, 429-31 (4th Cir.2007); Prime Media v. City of…