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Robert H. Lynn April 15,2008 Page 2 lawsuit, claiming, among other things, that state law preempts the City's sign regulations-even though the pre-emption argument is based on a selective reading of state law and has been firmly rejected each time Clear Channel has raised it, including the last time Plaintiff tried to install and operate an LED sign illegally_The City brought a counterclaim, contending that Plaintiff's installation of the LED sign was contrary to numerous provisions of the City Sign Code and that Plaintiff should be ordered to remove the LED sign face and restore the sign to its previous condition with a standard sign face. Both parties have moved for summary judgment. The hearing is scheduled for May 14,2008, with opening briefs due the day before mediation. Undisputed Facts A. Plaintiff Operates Nonconforming Billboards Within the City The City prohibits permanent off-premise signs, including billboards, in all sign districts. City Sign Code, Section 1230.02, subd. 8 (providing that "[t]he following permanent and temporary signs shall be prohibited in all sign districts: · · · subd. 8: Permanent off-premise signs, including biIlboards[.]"). Plaintiff operates two off-premise billboards within Sign District 7, the Gateway Business District of the City. Those billboards are non-conforming signs within the meaning of the City's Sign Code. B. The City Prohibits the Enlargement or Expansion of Nonconforming Signs The City prohibits the enlargement or expansion of nonconforming signs. Section 1280-01 of the Sign Code provides that "[i]t is the intent of this Chapter that non-conforming signs shall not be enlarged or expanded, nor be used as grounds for adding other signs or USes prohibited elsewhere within the same district." Section 1280.01 further provides that "[a]n existing sign devoted to a use not permitted by the Zoning Ordinance in the zoning district in which it is located shall not be enlarged, expanded or moved except in changing the sign to a sign permitted in the sign district in which it is located." C The City Strictly Limits the Conditions In Which the Lawful Expansion of Signs Within the Gateway Business District May Occur Consistent with Minn. Stat. S 462.357, subd. Ie (b), which permits a municipality to allow an expansion of a nonconforming use,l the City has strictly limited the circumstances in which a nonconforming billboard located in the Gateway Business District may lawfully be expanded. First, the City must approve in writing of any expansion, alteration, or modification I Minn. Stat. S 462.357, subd. Ie (b), provides that "[a] municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety."