Outdoor Media Dimensions Incorporated, an Oregon Corporation, Petitioner on Review v. State of Oregon, Jimmy L…

Summary

The Oregon Supreme Court affirmed summary judgment for the State of Oregon on all three of Outdoor Media Dimensions' claims arising from the state's removal of billboards under the Oregon Motorist Information Act (OMIA). The court held the state complied with the OMIA in removing the first billboard — stripping a sign's messages does not make an unpermitted sign compliant, the six-month abandonment rule did not delay removal, and owners have 30 days to cure or remove — while plaintiff's constitutional and estoppel theories of its conversion claim went unpreserved. The § 1983 claim failed because a mere error of state law is not a due process violation, the prior restraint theory lacked causation, and the individual defendants had qualified immunity because Metromedia left billboard-regulation law unsettled. The declaratory and injunctive claim was barred by failure to exhaust administrative remedies, which the court reached under a newly articulated three-condition 'right for the wrong reason' affirmance principle.