C U M M I N G S, M c C L O R E Y, D A V I S & A C H O, P . L. C.

43409 Schoenherr, Sterling Heights, M I 48313

Phone (586) 731-5000 ! Fax (586) 803-1034

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

CBS OUTDOOR INC., a Delaware

corporation, 

Plaintiff,

 Case No. 2:08-CV-14750

-vs-

 Hon. Patrick J. Duggan

CITY OF EASTPOINTE, a Michigan municipal

corporation,

 

Defendant.

J. ADAM BEHRENDT (P 58607)

Attorney for Plaintiff

BODMAN, L.L.P.

201 W. Big Beaver Road, Suite 500

Troy, MI 48084

(248) 743-6000

TIMOTHY S. FERRAND (P 39583)

Attorney for Defendant

CUMMINGS, McCLOREY, DAVIS & ACHO

43409 Schoenherr

Sterling Heights, Michigan 48313

(586) 731-5000

CONSENT JUDGMENT

At a session of said Court, held in the City of

Detroit, Wayne County, State of Michigan

on June 18, 2009.

 PRESENT: HON. PATRICK J. DUGGAN

 U.S. DISTRICT COURT JUDGE

The parties hereto by and through their respective counsel of record hereby

consent to entry of judgment as follows:

1. On or before July 15, 2009, Plaintiff, CBS OUTDOOR INC. shall apply to

the City of Eastpointe, Building Department for an "After-The-Fact Permit" authorizing

CBS OUTDOOR INC. to replace "billboard surface panels" with a "tri-vision panel" and

to construct concrete footings for the outdoor billboard located at 24939 Gratiot Ave.,

2:08-cv-14750-PJD-SDP Doc # 11 Filed 06/18/09 Pg 1 of 3 Pg ID 58
C U M M I N G S, M c C L O R E Y, D A V I S & A C H O, P . L. C.

43409 Schoenherr, Sterling Heights, M I 48313

Phone (586) 731-5000 ! Fax (586) 803-1034

2

Eastpointe, Michigan (hereinafter "The Billboard"). 

2. On or before July 30, 2009 the City of Eastpointe Building Department will

review the CBS OUTDOOR INC. permit identified in Paragraph 1 of this Consent

Judgment and conduct an inspection of The Billboard. Should the City of Eastpointe

Building Department determine that The Billboard contains any structural, integral,

engineering, design, renovation, erection, or repair deficiency or defect then CBS

OUTDOOR INC. shall have thirty (30) days to promptly correct and repair each

deficiency or defect consistent with the directive of the City of Eastpointe Building

Department.

3. On or before July 15, 2009, CBS OUTDOOR INC. will pay to the City of

Eastpointe the sum of Five Thousand ($5,000.00) Dollars to cover its costs associated

with this litigation and pay all costs and fees associated with application for After-TheFact Permit set forth in Paragraph 1 above.

4. Upon satisfaction of the conditions set forth in Paragraphs 1 through 3 of

this Consent Judgment, the City of Eastpointe will issue a permit to CBS OUTDOOR

INC. for replacement of surface panels and construction of the concrete footings for The

Billboard. Once the permit issues, the City of Eastpointe will not pursue a criminal

enforcement action against CBS OUTDOOR INC. for any violations of the Eastpointe

sign ordinance which predate this Consent Judgment. 

5. Upon the satisfaction of the conditions set forth in Paragraphs 1 through

3 of this Consent Judgment, an order shall enter dismissing this cause of action with 

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C U M M I N G S, M c C L O R E Y, D A V I S & A C H O, P . L. C.

43409 Schoenherr, Sterling Heights, M I 48313

Phone (586) 731-5000 ! Fax (586) 803-1034

3

prejudice and without costs or attorney fees to either party. 

S/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: June 18, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of

record on June 18, 2009, by electronic and/or ordinary mail.

S/Marilyn Orem 

Case Manager

Approved as to content and form:

BODMAN, L.L.P.

By: /s/J. Adam Behrendt (P58607

201 W. Big Beaver Road, Suite 500

Troy, MI 48084

(248) 743-6000

Attorney for Plaintiff

jbehrendt@bodmanllp.com

CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C.

By: /s/Timothy S. Ferrand (P39583)

43409 Schoenherr Road

Sterling Heights, MI 48313

(586) 731-5000

Attorney for Defendant

tferrand@cmda-law.com

C:\Documents and Settings\orem\Local Settings\Temp\notes6030C8\Consent Judgment.wpd

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