Nittany Outdoor Advertising et al v. College Township

Filing 48

ORDER: In accordance with the Memorandum, filed this same date as separate docket entry No. 47, IT IS ORDERED THAT: Plaintiffs' motions for partial summary judgment and for permanent injunctive relief 25 and 28 are each GRANTED IN PART and DENIED IN PART. (See Order for details.) Signed by Honorable Matthew W. Brann on 5/20/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NITTANY OUTDOOR
ADVERTISING, LLC and
STEPHANAS MINISTRIES,

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Plaintiffs
v.
COLLEGE TOWNSHIP,
Defendant.

Case No. 4:12-cv-00672

(Judge Brann)

ORDER
May 20, 2014
In accordance with the Memorandum filed this same date IT IS HEREBY
ORDERED:
1.

Plaintiffs’s motions for partial summary judgment and for permanent
injunctive relief (ECF Nos. 25 & 28) are each GRANTED IN PART
and DENIED IN PART.

2.

The permit requirement (Coll. Twp Code § 170-4) and variance
procedure (Coll. Twp. Code § 170-27) set forth in the Sign Ordinance
of College Township are each UNCONSTITUTIONAL under the
First Amendment of the United States Constitution.

3.

College Township and its officers, agents, servants, employees, and

attorneys are ENJOINED from enforcing against plaintiffs the Sign
Ordinance’s permit requirement and all Ordinance clauses to the
extent they implement the permit requirement.
4.

College Township and its officers, agents, servants, employees, and
attorneys are ENJOINED from enforcing against plaintiffs the Sign
Ordinance’s variance procedures and all Ordinance clauses to the
extent they implement the variance procedures.

BY THE COURT:

s/Matthew W. Brann
Matthew W. Brann
United States District Judge