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1A, Clear Channel Litigation
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1A, Clear Channel Litigation
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4/18/2008 4:09:22 PM
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Clearn Channel Litigation
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Agenda
Date
4/21/2008
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<br />areas, such as the 1-694 sign, are subject to state standards regulating their size, lighting, and <br /> <br />spacing. Id. S 173.16, subds. 2-4. <br /> <br />The Act and its implementing regulations allow municipalities to enact their own size, <br /> <br />lighting, and spacing regulations in lieu of these state standards, but only upon receiving <br /> <br />certification from the Commissioner of Transportation. See Minn. Stat. S 173.16, subd. 5; <br /> <br />Minn. R. 8810.1400. Absent such certification, the City cannot enforce the lighting <br /> <br />restrictions of its Sign Code against the 1-694 sign. <br /> <br />The need for mtmicipalities to obtain state certification prior to enforcing their own <br /> <br />lighting standards was confinned by the Court of Appeals decision in In re Eller Media <br /> <br />Company's Applicationsfor Outdoor Advertising Device Permits, 642 N.W.2d 492 (Minn. <br /> <br />App. 2002). In that case, the Court of Appeals rejected the argument that a city need not <br /> <br />obtain state certification in order to impose its local regulations in commercial and industrial <br /> <br />areas: <br /> <br />Minn. R. 8810.1400 (1999) requires local zoning authorities to obtain an <br />annual "certification of zoning" for local zoning to apply. The record contains <br />no evidence that the city complied with Minn. Stat. S 173.16, subd. 5(b) by <br />giving the commissioner the required notice or complied with Minn. R. <br />8810.1400 by requesting orreceiving certification..... Minn. R. 8810.1400 <br />unambiguously requires local zoning authorities to obtain an annual <br />"certification of zoning" for local zoning in Minn. Stat. S 173.16, subd. 5 to <br />apply. <br /> <br />Id. at 503-04 (footnote omitted); rev'd on other grounds by In re Denial of Eller Media <br /> <br />Company's Applicationsfor Outdoor Advertising Device Permits, 664 N.W.2d 1,7, 10 <br /> <br />(Minn. 2003). Lacking state certification, the City cannot impose the lighting restrictions of <br /> <br />the Sign Code on the 1-694 sign. <br /> <br />16 <br />
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