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Zoning Bulletin August 10, 2016 Volume 10 Issue 15 <br /> i <br /> Exclusionary Zoning/Equal <br /> Protection—City Ordinance Bans <br /> New Billboards Throughout the <br /> 1. City <br /> Billboard company argues ordinance <br /> amounts to impermissible exclusionary <br /> zoning <br /> Citation: International Outdoor, Inc. v. City of Livonia, 2016 WL <br /> 3298229 (Mich. Ct.App. 2016) <br /> MICHIGAN(06/14/16)—This case addressed the issue of whether a <br /> city ordinance banning new billboards in all zoning districts in the city <br /> resulted in impermissible exclusionary zoning in violation of state statu- <br /> tory law and the common law and/or violated the equal protection rights <br /> of the business seeking to erect a billboard. <br /> The Background/Facts: International Outdoor, Inc., ("International <br /> Outdoor")was in the business of selling advertising space on billboards. <br /> In December 2013, International Outdoor filed a permit application to <br /> erect a billboard on leased property adjacent to an interstate expressway <br /> in the City of Livonia (the "City"). The City denied International Ou- <br /> tdoor's application because the City did not allow any new billboards <br /> within its boundaries. <br /> Since 1952,the City's zoning ordinance prohibited the installation of <br /> off-premises billboards within the City (i.e., billboards that advertise a <br /> product not available at the location on which the sign is located). <br /> Billboards that existed when the ordinance was enacted in 1952 were <br /> allowed to remain. However, the last billboard in the City was elimi- <br /> nated in 1986. <br /> International Outdoor then sought a variance to allow its proposed <br /> billboard. The City's zoning board of appeals denied that variance <br /> request. <br /> In July 2014, International Outdoor filed a legal action in the circuit <br /> ? court. It alleged that the City's zoning ordinance.in prohibiting all <br /> billboards: (1) violated Michigan's common-law principles that a <br /> municipality may not wholly prohibit a lawful business or lawful land <br /> use; (2)violated the equal protection clause of Michigan's Constitution; <br /> and (3) violated Michigan's statutory prohibition against exclusionary <br /> zoning under MCL 125.3207. <br /> The City asserted that its zoning ordinance: was properly enacted to <br /> 2016 Thomson Reuters 9 <br />