Constitutional Challenge, Declaratory Judgments, Land Use, Sec. 1983, Sign Regulation

U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et al, No. 20-1029 (April 21, 2022). The primary question in regulating off-premise signs differently than on-premise signs is whether such
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sign Regulation, Sovereign Immunity, Structural Standards

Tyler Court of Appeals holds a motion for new trial did not extend the time to perfect an accelerated appeal

SignAd, Ltd. V. The City of Hudson, 12-21-00056-CV, (Tex. App – Tyler, Sept. 15, 2021) This case is mainly procedural, and the Tyler Court of Appeals held SignAd failed to timely file its notice of appeal, either as an interlocutory appeal or
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Constitutional Challenge, Sec. 1983, Sign Regulation

The U.S. Fifth Circuit Court of Appeals held that sign ordinances cannot treat off-premise and on-premise signs differently if the regulation of such signs includes regulation non-commercial content. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Reagan Nat’l Advertising of Austin, Inc.; Lamar Advantage Outdoor Co. v. City of Austin, No. 19-50354 (5th Cir. August 25, 2020). In this First Amendment sign case, the U.S.  Fifth Circuit held
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sign Regulation

County must sue AG, not individual concealed handgun license holder, in dispute over courthouse sign says 1st District Court of Appeals

  Terry Holcomb, Sr. v. Waller County, 01-16-01005-CV, (Tex. App. – Houston [1st Dist.], March 15, 2018) This is a concealed handgun/courthouse civil suit where the First District Court of Appeals reversed a declaratory judgment for the County. The Waller County Courthouse
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Constitutional Challenge, Declaratory Judgments, Injunction, Sign Regulation

Austin Court of Appeals holds parts of Texas Highway Beautification Act unconstitutional

  Auspro enterprises, LP v. Texas Department of Transportation,03-14-00375-CV (Tex. App— Austin , August 26,2016) In this case the Austin Court of Appeals held unconstitutional part of the Texas Highway Beautification Act (“Act”) in light of the U.S. Supreme Court’s decision last
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Constitutional Challenge, Declaratory Judgments, Land Use, Separation of Powers, Sign Regulation, Ultra Vires

City’s billboard registration fee determined to be unconstitutional tax

Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a billboard registration
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sign Regulation, Takings

Changing tri-display billboard to LED billboard is a reconstruction and not merely a change in “electrical wiring or devices” so required a permit

Garrett Operators, Inc. v. City of Houston, 01-13-00767-CV (Tex. App. – Houston [1st Dist.], January 22, 2015) Garrett Operators, Inc. (“Garrett”) filed a declaratory judgment action against the City of Houston (“the City”) regarding the application and interpretation of the City’s Sign
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Sign Regulation, Sovereign Immunity, Takings

Billboard company can sue for inverse condemnation even though it failed to exhaust admin remedies

City of Grapevine and Grapevine Board of Adjustment v. CBS Outdoor, Inc., 02-12-00040-CV (Tex. App. – Fort Worth, September 19, 2013). The City of Grapevine and its Board of Adjustment appealed the order denying its plea to the jurisdiction relating to an
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