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• Title: Record Revolution No. 6 Inc. v. City of Parma
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 10, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Order On April 22, 1983, the appellees filed a motion requesting this Court to dissolve the stay pending the resolution of the appeal in this case. That stay has been in effect since May 2, 1980.1 In the interim, this Court has rendered two decisions declaring the subject ordinances unconstitutional. Both of those rulings have been vacated by the United States Supreme Court and the case remanded to this Court for further review. Most recently, on May 17, 1982, 456 U.S. 968, 102 S. Ct. 2227, 72 L. Ed. 2d 840, the Supreme Court directed that this cause be given further consideration in light of Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 102 S. Ct. 1186, 71 L. Ed. 2d 362, 50 U.S.L.W. 4267 (1982). The parties have submitted supplemental briefs on the applicability of Hoffman Estates to the Parma and Lakewood ordinances. The appellants have argued fairly persuasively that the ordinances are distinguishable and that the Supreme Court pronouncement is, therefore, not controlling. The appellees have argued, on the other hand, that This Court is bound to follow that reasoning now, despite attempts to distinguish Hoffman Estates on its facts, no matter how misguided the Court may think it to be. (Appellees' Second Supplemental Brief at p. 14.) We reluctantly agree with the latter contention.

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