The U.S. District Court for Western District of Michigan recently dismissed an advertising company's lawsuit against a Michigan municipality in Hucul Advertising LLC v. Grand Rapids Charter Twp., No. 1:11-cv-376, 2012 WL 895916 (March 15, 2012, Bell, J.).  The case arose from Grant Rapids Township's refusal to allow Hulcul Adverting to construct highway billboards along Interstate 96 and Michigan Highway 44 within the Township.  According to the company, the Township verbally told Hucul Advertising that it would not process its permit applications because of a township zoning ordinance that prohibited off-premises signs for commercial purposes.

Hulcul Advertising sued the Township, alleging that the zoning ordinance violated its right to free speech under the First Amendment of the U.S. Constitution and its rights under Michigan law.  The Court ultimately dismissed the lawsuit, holding that the company lacked standing to pursue its federal claim.  The Court reasoned that even if the company was successful in its lawsuit, it would still be unable to erect the billboards, because another Township ordinance limited the maximum size and height of all signs erected in the Township.  Each of the proposed billboards exceeded the size and height restrictions set out in the ordinance.  Thus, the Court held that it lacked federal question jurisdiction over the federal claim, and consequently, it lacked supplemental jurisdiction over the remaining state-law claims.