Cincinnati v. Fourth Natl. Realty, L.L.C.

Citations

• 2017 Ohio 1523

Syllabus

CONSTITUTIONAL LAW/CIVIL - MUNICIPAL - ZONING - STANDING: The trial court did not err in granting injunctive relief to the city requiring the appellant to remove a sign on its building that is in violation of the off-site sign prohibition provisions in the city's zoning code, where the appellant failed to present a prima facie case of selective enforcement and failed to show that it could keep the oversized off-site sign in place even if the appellant's free-speech-based challenges to the off-site sign provisions were successful. The trial court erred by dismissing for lack of standing the part of the appellant's counterclaim seeking a declaration that the city's off-site sign prohibition provisions are unconstitutional as applied to the appellant's desired legally-sized-off-site sign, and on their face to the extent they restrict noncommercial speech.