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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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4/18/2008 4:08:46 PM
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Clearn Channel Litigation
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Agenda
Date
4/21/2008
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<br />within the confines of the term, is least restrictive upon the rights of the property owner to <br /> <br />use his land as he wishes.") (citation omitted). Thus, even to the extent the Table 1 regulations <br /> <br />are merely ambiguous, they should be strictly construed against the City. See, e.g., Frank's <br /> <br />Nursery Sales v. City ofRoseviIle, 295 N.W.2d 605, 608 (Minn. 1980) ("[z]oning ordinances <br /> <br />should be construed strictly against the city and in favor of the property owner."). <br /> <br />In any event, the City's finding that the LED sign is intemaUy lit is factually <br /> <br />incorrect. Sept. 10 Tr. at 45-46. The Sign Code defines intemal lighting as "an illuminated <br /> <br />sign having the source of illumination located inside a translucent panel which is not directly <br /> <br />visible." Sign Code ~ 1210.01, subd. 8. Even if the 1-694 sign fell within the City's <br /> <br />definition of an illuminated sign - which it does not5 - the onJy sources of illumination on <br /> <br />~ ! <br /> <br />the LED face, the diodes, are not "located inside a translucent paneL" These diodes protrude <br /> <br />from the surface ofthe sign and are directly visible. <br /> <br />C. The Lighting Restriction Relied Upon By The City Is Arbitrary And <br />Unreasonable, And Therefore Unenforceable. <br /> <br />Even assuming the restrictions of Table 1 otherwise apply, the external lighting <br /> <br />requirement for District 7 signs would still be unenforceable because it is arbitrary and <br /> <br />unreasonable. A zoning classification is valid only "when at least one of the rationale[s] for <br /> <br />the decision is reasonably related to the promotion of the public health, safety, or general <br /> <br />welfare of the community." Wedemeyer v. City of Minneapolis, 540 N.W.2d 539, 543 <br /> <br />5 Under the Sign Code, an "illuminated sign" is defined as "any sign, which has characters, <br />letters, figures, designs or outlines which is illuminated by an artificial light source." Sign <br />Code ~ 1210.01, subd. 18. Images on the LED sign face are created when light emitted from <br />diodes (LEDs) mixes together to create pixels. Each diode extends out a short distance from <br />the plane fonned by the sign face. <br /> <br />18 <br />
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