Status of litigation with Johnsonville LLC

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Status of litigation with Johnsonville LLC.

Johnsonville LLC appealed the City Council’s determination that the Johnsonville flag constitutes a sign and violates the time, place and manner restrictions set forth in City Code.  When the Council acts in a quasi-judicial capacity, these acts are reviewed by the Court of Appeals.  The Court of Appeals does not hold a trial, but rather reviews the decision of the Council in the context of the record of the hearing and the applicable City Code. The parties submit written briefs and then the matter is set for oral arguments before a panel of three judges.  Johnsonville’s brief must be filed in mid-October and the City will have thirty days later.  The matter is not likely to be set for oral argument for several months.

Prior to the appeal, the City did serve Johnsonville, LLC with a lawsuit requesting injunctive relief.  Injunctive relief is the mechanism by which the City can force Johnsonville to comply with the City Code.  At the time, the flag was still up.  This matter will ultimately be heard by the district court.  It has not been filed yet because the flag came down and because the action will likely be stayed by the district court pending the outcome of the appeal.

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