Adams Outdoor Advertising v. City of East Lansing

614 N.W.2d 634, 463 Mich. 17, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20010, 2000 Mich. LEXIS 1455
CourtMichigan Supreme Court
DecidedJuly 26, 2000
Docket113674, Calendar No. 6
StatusPublished
Cited by35 cases

This text of 614 N.W.2d 634 (Adams Outdoor Advertising v. City of East Lansing) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams Outdoor Advertising v. City of East Lansing, 614 N.W.2d 634, 463 Mich. 17, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20010, 2000 Mich. LEXIS 1455 (Mich. 2000).

Opinions

(AFTER REMAND)

Taylor, J.

At issue is whether application of East Lansing’s sign code to Adams Outdoor Advertising’s rooftop signs effects a taking. The trial court and Court of Appeals concluded that the code resulted in a taking with respect to Adams’ rooftop signs. We reverse.

In 1975, East Lansing adopted its current sign code. As pertinent to this appeal, the code prohibited rooftop signs. Subsection 8.38(12). The code’s amortization provision required removal of nonconforming signs by May 1, 1987. Subsection 8.39(8).

Adams acquired Central Advertising in 1983. It renewed the leases associated with the off-premises rooftop signs at issue several times after the enactment of the 1975 sign code, most recently in 1993 and 1996.

Adams and other entities (who had nonconforming on-premises signs) sued East Lansing for relief from denial of their requests for variances from the sign code. The trial court granted plaintiffs’ motion for summary disposition on the basis that East Lansing lacked statutory authority for the code’s amortization provision. The Court of Appeals affirmed. Unpublished opinion per curiam, issued April 20, 1990 (Docket No. 110816). This Court reversed, holding that East Lansing has authority under the home rule [22]*22act to regulate signs, including eliminating nonconforming signs through the use of an amortization provision. 439 Mich 209, 219; 483 NW2d 38 (1992) (Adams I). We remanded this matter to the trial court to determine whether application of the code to the signs at issue effected a taking.

On remand, the trial court concluded that application of the sign code to Adams’ rooftop signs and to certain of its freestanding signs effected a taking.1 The Court of Appeals affirmed regarding the rooftop signs, but reversed and remanded regarding the freestanding signs. 232 Mich App 587; 591 NW2d 404 (1998). This appeal relates only to the application of the sign code to the rooftop signs.

In Adams I, this Court concluded:

We are simply holding that the amortization provision of the East Lansing sign code is a police power ordinance, properly enacted under MCL 117.4i(5); MSA 5.2082(5), that enables cities the authority to regulate signs and billboards in the interest of the health, safety, and welfare of the community and to promote the aesthetic value of the city. [439 Mich 218, n 14.]

It is therefore established that the code is a legitimate exercise of East Lansing’s police power. The only question is whether this regulation goes so far as to result in a taking.2

[23]*23US Const, Am V and Const 1963, art 10, § 2 prohibit the taking of private property for public use without just compensation. Drawing on United States Supreme Court precedent, this Court recently reiterated the appropriate analyses for determining whether a taking has occurred in K & K Construction, Inc v Dep’t of Natural Resources, 456 Mich 570; 575 NW2d 531 (1998). The K & K Court noted that land use regulations effect a taking in two general situations: when they do not substantially advance a legitimate state interest or when they deny an owner “economically viable use of his land.” Id. at 576. It then differentiated the second type of taking further at 576-577:

The second type of taking, where the regulation denies an owner of economically viable use of land, is further subdivided into two situations: (a) a “categorical” taking, where the owner is deprived of “all economically beneficial or productive use of land,” Lucas v South Carolina Coastal Council, 505 US 1003, 1015; 112 S Ct 2886; 120 L Ed 2d 798 (1992); or (b) a taking recognized on the basis of the application of the traditional “balancing test” established in Penn Central Transportation Co v New York City, 438 US 104; 98 S Ct 2646; 57 L Ed 2d 631 (1978).

It defined categorical takings at 577:

[24]*24In the former situation, the categorical taking, a reviewing court need not apply a case-specific analysis, and the owner should automatically recover for a taking of his property. Lucas, supra at 1015. A person may recover for this type of taking in the case of a physical invasion of his property by the government (not at issue in this case), or where a regulation forces an owner to “sacrifice all economically beneficial uses [of his land] in the name of the common good . . . .” Id. at 1019 (emphasis in original).

Next, it explained the balancing test analysis at 577:

In the latter situation, the balancing test, a reviewing court must engage in an “ad hoc, factual inquir[y],” centering on three factors: (1) the character of the government’s action, (2) the economic effect of the regulation on the property, and (3) the extent by which the regulation has interfered with distinct, investment-backed expectations. Penn Central, 438 US 124.

However, before we apply these tests, there is a preliminary question: does the claimant possess the interest that he alleges is being taken by the regulation? Here, the Court of Appeals clarified that Adams’ theory at trial was that the sign code effected a taking of its real property interests in the rooftop leaseholds. 232 Mich App 596. As a lessee, Adams’ property interest rights are limited to the rights possessed by the lessors, i.e., the owners of the buildings who leased the two rooftop sites at issue to Adams.3 It is fundamental property law that a lessor can transfer no greater rights than he possesses. See, e.g., McMillan v Mich S & N I R R Co, 16 Mich 79 (1867). Here, the [25]*25lessors never had an absolute right to display signs on the rooftops of their buildings. They had no right to prevent the imposition of regulations that represented reasonable exercises of the police power and that did not effect a taking.4 Thus, they could not convey to Adams an absolute right to display signs on the leased rooftops because they never possessed such a right in the first place. Accordingly, even before enactment of the sign code, the leases at issue did not include an absolute right to display signs on the rooftops. At most, the leases included a right to display signs on the rooftops subject to reasonable police power regulations that did not effect a taking of the lessors’ interests.

A property owner cannot determine the efficacy of a regulation by the manner in which he structures leases of his property. For example, a property owner, with respect to whom a particular regulation would not constitute a taking, cannot transform such regulation into a taking simply by transferring a narrow parcel or interest in his property to a lessee.5 Under the constitution, we do not believe that a property owner, confronted with an imminent property regulation, can nullify such a legitimate exercise of the police power by leasing narrow parcels or interests in his property so that the regulation could be characterized as a taking only because of its disproportionate effect on the narrow parcel or interest leased.

[26]*26Here, East Lansing enacted a sign code in 1975. As noted above, this Court has previously concluded that the code represents a valid exercise of East Lansing’s police power. 439 Mich 218, n 14.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael Long v. Liquor Control Commission
910 N.W.2d 674 (Michigan Court of Appeals, 2017)
People of Michigan v. Cortez Lamon Mack
Michigan Court of Appeals, 2017
Spartan Stores, Inc v. City of Grand Rapids
861 N.W.2d 347 (Michigan Court of Appeals, 2014)
Andrie Inc v. Department of Treasury
853 N.W.2d 310 (Michigan Supreme Court, 2014)
Detroit Lions, Inc. v. City of Dearborn
840 N.W.2d 168 (Michigan Court of Appeals, 2013)
McLean v. City of Dearborn
836 N.W.2d 916 (Michigan Court of Appeals, 2013)
Steinberg v. Federal Home Loan Mortgage Corp.
901 F. Supp. 2d 945 (E.D. Michigan, 2012)
Lyon Charter Township v. McDonald's USA, LLC
809 N.W.2d 167 (Michigan Court of Appeals, 2011)
NATIONAL SIGN AND SIGNAL v. Livingston
422 B.R. 645 (W.D. Michigan, 2009)
Cummins v. Robinson Township
770 N.W.2d 421 (Michigan Court of Appeals, 2009)
Ypsilanti Charter Township v. Kircher
761 N.W.2d 761 (Michigan Court of Appeals, 2008)
Walgreen Co. v. MacOmb Township
760 N.W.2d 594 (Michigan Court of Appeals, 2008)
Ligon v. City of Detroit
739 N.W.2d 900 (Michigan Court of Appeals, 2007)
Heydon v. Mediaone of Southeast Michigan, Inc
739 N.W.2d 373 (Michigan Court of Appeals, 2007)
Ypsilanti Fire Marshal v. Kircher
730 N.W.2d 481 (Michigan Court of Appeals, 2007)
Regency Outdoor Advertising, Inc. v. City of Los Angeles
139 P.3d 119 (California Supreme Court, 2006)
Dorman v. Township of Clinton
714 N.W.2d 350 (Michigan Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
614 N.W.2d 634, 463 Mich. 17, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20010, 2000 Mich. LEXIS 1455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-outdoor-advertising-v-city-of-east-lansing-mich-2000.