Agenda - Planning Commission - 12/04/2003

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z.g. October 25, 2003 -- Page 3 companion lived in' the house until his death in 1993. Ecldes moved into the residence and began renovating it. In 1999, the as- sessed value of the property had risen to $98,302. Ecldes appealed the 1999 valuation, alleging his property had been wron~y overvalued due to Ns perceived homosexuality. Eckles posted large signs on his property expressing his dissatisfaction with the valuation and his criticism of local officials. The signs named officials and contained declarations such as "I am not a faggot," "City of Corydon abomination to the Lord," and "The thief (Wayne County Assessor) commeth but to steal. John 10:10." The signs were also visible from a major highway. The city ordered Eckles to remove the si=mas, claiming they violated the local zoning ordinance. The city ordered him to remove all refuse from his property, as well as "all signs,.letter/ng, statements, verses, and objects whatsoever that refer to actions taken by state, county, and city officials in the legally constituted per- formance of their duties." The notice stated if Ecldes did not adhere to the notice or request a hearing, then Ecldes would be charged with the cost of removal. Ecldes sued, and the court dismissed the lawsuit in favor of the city. It found Ecldes had nor been harmed by the order to remove the sig-ns because the city agreed not to enforce the'notice while the lawsuit was pending. Under First Amendment law, Ectdes had to show a threat of real and immediate injury. Ecldes appealed. DECISION: Reversed. Eckles suffered harm from the order to remove the signs. Consequently, his lawsuit could not be dismissed. The threat to Eckles was imminent and concrete. The harm Eckles would suffer was financial, as spelled out in the city's notice to abate. If Eclctes failed to act in accordance with the notice, the city would remove the signs and other items and charge Eckles for their removal. It was not necessary for Eckles to wait until the city actually enforced the notice before he could sue. Citation: Eckles v. City of Corydon, 8th U.S. Circuit Court of Appeal. s, No. 02- 2947 (2003). The 8th Circuit has jurisdiction over Arkansas, Iowa, Minnesota, Missouri, IVebraska, North Dakota, and South Dakota. see also: Harmon v. City of Kansas City, 197 F. 3d 32) (1999). see also: Steger v. Franco Inc., 228 F. 3d 889 (2000). First Amendment -- Church claims zoning code discriminates against it Churches not allowed in industrial area it seeks to use ILLINOIS (08/29/03) -- Petra Presbyterian Church sought a preliminary junction prohibiting the village of Northbrook from enforcing a zoning ordi- nance that banned worship services in industrial areas. The property was surrounded by a =qsnding business, a tool and die com- pany, a laboratory, a heating and air conditioning company, a plumber, and an electrical contractor.