May 26, 2011
Supergraphics: The Los Angeles Billboard Wars
An old case could provide new assistance to the ongoing litigation over supergraphics.
Ex Parte Young, 209 U.S. 123 (1908), is famous for holding that the 11th Amendment does not prevent federal courts from enjoining constitutional violations by state officials. Less well known is the case's holding that due process prohibits the accrual of statutory penalties against a party while it is challenging the validity of the statute in the courts. This often overlooked aspect of Ex Parte Young may provide a substantial defense to a sign company in the latest roun...
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