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Eller Media Co. v. City of Houston

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OPINION

Appellant, Eller Media Company, and several other outdoor advertising plaintiffs sued appellee, the City of Houston, challenging the validity of the amended Houston Sign Code and alleging, among other things, a taking without compensation in violation of the Texas and United States Constitutions, violation of the right of free speech under the First Amendment, and a violation of state law governing the regulation of billboards. The trial court entered judgment declaring that the amended Sign Code does not violate the First Amendment and does not constitute an unlawful taking of property under the United States Constitution or the Texas Constitution. The judgment declared that signs designated “Permit Nonconforming” are free from local amortization, *fn1 signs designated as “Bring Into Conformance” are to be removed according to the amortization schedule, and signs designated as “Useful Life” are subject to immediate removal on the order of the City of Houston. We affirm.

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