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<br />c. Section 1240.02 Table 1 does not rationally apply to billboards of the type <br />involved in this proceeding. Even if the ordinance were to apply, Clear <br />Channel's lighting is consistent with its requirements. <br /> <br />d. There is no rational basis or legitimate health, safety or welfare rationale <br />for requiring billboard illumination to be only by means of external light <br />fixtures directed at the sign. Any attempt to interpret or enforce the Sign <br />Code to require this type of illumination is arbitrary and capricious, <br />contrary to law and unenforceable. <br /> <br />3. The Planning Commission's reliance on Section 1320.13, Subd. 6.G.3 of the <br />Zoning Code is contrary to law and the dictates of Minn. Stat. S 462.357, Subd. <br />lee). In addition, Section 1320.13, Subd. 6.G.3 violates Minn. Stat. S 117.184. <br /> <br />4. The Planning Commission's Decision violates Clear Channel's Constitutional <br />rights including its rights under the First Amendment to the Constitution of the <br />United States. <br /> <br />5. A Sign Permit Application was not required for the panel replacement involved <br />herein since Clear Channel did not alter the height, size or square footage of its <br />sIgn. <br /> <br />Dated: <br /> <br />f-tL/-o7 <br /> <br />BERNICK AND LIFSON, P.A. <br /> <br />By ~r V <br /> <br />Marvin A. Liszt <br />The Colonnade, Suite 1200 <br />5500 Wayzata Boulevard <br />Minneapolis, Minnesota 55416 <br />(763) 546-1200 voice <br />(763) 546-1003 facsimile <br />Attorney for Clear Channel Outdoor, lnc, <br /> <br />2 <br /> <br />