PHILADELPHIA – The owners of a commercial property in Easton's Centre Square and a Michigan sign manufacturer have filed suit against the city and its zoning hearing board challenging the city's interpretation of a sign ordinance and alleging violation of their civil rights due to the city's denying them variance for larger signage.
According to the Sept. 23 U.S. District Court for the Eastern District of Pennsylvania filing, plaintiffs Adams Outdoor Advertising Limited Partnership, LVL Co., One 6 LLC, Dennis Benner, Garrett Benner and Brandon Benner filed the complaint against the city of Easton and the city of Easton Zoning Hearing Board.
In their suit, the plaintiffs claim that they have been deprived "of their equal protection and free expression rights secured by the First and 14th Amendments to the U.S Constitution" and "substantive due process under the 14th Amendment to the U.S. Constitution, with respect to their protected property and liberty interests."
The case stems from the city and its zoning board denying the Benners, who own the property, their request for a 10-by-15 feet "projecting sign" for their multi-level building in the downtown square.
"The Benners' difficulty in filling the space is tied directly to their inability to compete with other commercial properties on Centre Square to whom defendant city of Easton Zoning Hearing Board has systematically granted variances for or approved larger signs and sign coverage, and/or declined to enforce this sign size limitations of its zoning ordinance, while treating the Benners and One 6 LLC differently," the complaint states.
The plaintiffs seek damages for their denial of free speech, litigation costs and relief allowing them to erect their proposed sign.
The plaintiffs are represented by James Pfeiffer of Pfeiffer & Bruno PC in Easton.