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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
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4/21/2008
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<br />B. The External Lighting Restriction Does Not Apply To The 1-694 Sign. <br /> <br />Even assuming, for the sake of argument, that the City could impose its own lighting <br /> <br />regulations on the 1-694 sign without obtaining state certification, the extemal lighting <br /> <br />restriction does not apply. <br /> <br />This restriction is set forth in Table 1 of the Arden Hills Sign Code, which is entitled <br /> <br />"Sign Standards by Sign District." Soules Aff., Ex. B, at 12-19. Table 1 divides up the City <br /> <br />into nine "sign districts," within which the design, size, and lighting restrictions vary <br /> <br />substantially. On its face, Table 1 does not apply to billboards. The tenn "billboard" has a <br /> <br />specific and separate definition in the Sign Ordinance. Nowhere does that tenn appear in <br /> <br />Table 1. No sign mentioned in the Table even approaches the size of a typical billboard. <br /> <br />Within Sign District 7, the Table establishes standards for freestanding signs with a <br /> <br />maximum area of25 square feet, and a maximum height of8 feet. The 1-694 sign, which <br /> <br />already existed when Table I was adopted, covers an area more than 600 square feet and is <br /> <br />45 feet tall. See McCarver Aff. ~ I I & Ex. E. 4 <br /> <br />Had the City wished to apply the restrictions of Table 1 to billboards, it would have <br /> <br />had to do so explicitly. See Mendota Golf, LLP v. City of Mendola Heights, 708 N.W.2d <br /> <br />162, 172 (Minn. 2006) {"[RJestrictions on land use must be clearly expressed.") (citation and <br /> <br />alterations omitted); see also id. ("We must give weight to the interpretation that, while still <br /> <br />., Given that billboards are altogether prohibited under a separate section of the very same <br />code, see Sign Code S ]230.02, subd. 8, it is hardly surprising that Table I's restrictions do <br />not apply to billboards. <br /> <br />17 <br />
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