City Houston v. Harris County Outdoor Advertising Association - Supreme Court Of Utah

City Houston v. Harris County Outdoor Advertising Association

By Supreme Court Of Utah

  • Release Date - Published: 1994-06-16
  • Book Genre: Law
  • Author: Supreme Court Of Utah
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City Houston v. Harris County Outdoor Advertising Association Supreme Court Of Utah read online review & book description:

This appeal involves the validity of certain assessments levied by the City of Houston pursuant to the Citys sign ordinance (the Sign Code). See HOUSTON TEX., SIGN CODE Ch. 46. Appellees, Harris County Outdoor Advertising Association (HCOAA) and its individual members brought suit under 42 U.S.C. ? 1983, claiming that appellants, the City of Houston, members of the Citys Municipal Board on Sign Control, and the Citys Sign Administrator (hereinafter referred to as "the City"), violated their constitutional rights by charging excessive operating permit fees for off-premise signs. Appellees sought monetary, declaratory, and injunctive relief. The case was tried before the court which found in favor of appellees and rendered judgment awarding monetary damages and attorneys fees. The court also made extensive findings of fact and conclusions of law, finding that the fees charged by the City between 1985 and 1992 for off-premise operating permits were excessive and in the nature of an unlawful occupation tax in violation of article VIII, section 1(f) of the Texas Constitution and provisions of the U.S. Constitution. The City appeals from the judgment and raises six points of error attacking the courts findings. We affirm.

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