Saturday, September 05, 2009
Nebraska Supreme Court rules against sign company that challenged city ordinances that prohibited displaying company's signs once its leases terminated with land owners. Larmar Co. v. City of Fremont, S-08-590, 278 Neb. 485. But the sign company beat a claim for frivolous case penalties because its attorneys were well prepared. "The district court properly concluded that when Lamar’s leases were terminated by their terms, Lamar’s rights with respect to the nonconforming use of the signs were extinguished and remained with the current landowner. Furthermore, Lamar lacked standing to raise its "as applied" and facial challenges to ordinance No. 4032 and the district court was not in error in granting summary judgment in favor of appellees on Lamar’s remaining claims. Further, the district court did not err in denying the cross-appellants’ request for attorney fees."