7th Circuit Court of Appeals
Geft Outdoor, LLC v. City of Evansville, Indiana
Civil. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge James Sweeney. Affirms the district court’s dismissal of Geft Outdoor’s complaint against the City of Evansville that challenged the way the city’s ordinance handles permits and allows exceptions to (variances from) the height, spacing, and placement rules for off-premises signs. Finds that by focusing on its quest for a variance, GEFT disqualified itself from making a facial challenge. Also finds GEFT’s problem is not the lack of standing but the fact that it waged a facial challenge when it should have tried an as-applied challenge. Finally, finds the district court’s judgment is modified to make clear that GEFT loses on the merits rather than for lack of standing.