10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

Posted by: Patricia Salkin | November 23, 2022

10th Circuit Court of Appeals Upholds Dismissal of Lawsuit Challenging Denial of Area Variances for a Digital Billboard on Claim Preclusion Grounds

Macgowan’s application for area variances in 2018 to erect a digital billboard next to the interstate within Town limits was denied under a provision in the Town Code that prohibits off-premises advertising. He filed suit in federal court and was dismissed for failure to state a claim upon which relief could be granted. In 2021 he again requested a variance and the Town again denied it on the same grounds. He filed a suit again, which was dismissed by the district court on claiming preclusion grounds.

On appeal, the 10th The Circuit agreed that the lawsuit involved the same causes of action in the previously dismissed lawsuit since in both cases he raised claims under the First, Fifth, and Fourteenth Amendments.

Macgowan v Town of Castle Rock, 2022 WL 17176307 (10th Sir CA 11/23/2022)


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