Asselin v. Town of Conway

In 1982, the Town of Conway (defendant) enacted its zoning ordinance. The ordinance banned all signs that were illuminated from within and permitted signs illuminated by external lights. Michael Asselin, who was doing business as Mario’s restaurant (plaintiff) sought to operate an internally illuminated sign that Asselin leased from Barlo Signs, Incorporated (plaintiff). The town notified Asselin that his sign was not permitted. Asselin and Barlo Signs appealed to the zoning board of appeals, which denied permission for Asselin’s sign. Asselin and Barlo Signs appealed to the trial court. Later, Cardiff & Company (plaintiff) operated a translucent sign that was effectively internally illuminated. The town issued several violations to Cardiff for its illuminated sign. The town sought a temporary injunction against Cardiff regarding the operation of its sign. The appeal of Asselin and Barlo Signs was consolidated with the town’s petition for a temporary injunction against Cardiff. The trial court issued an injunction regarding the use of internally illuminated signs. At trial, an expert witness testified that internally illuminated signs had a harsher effect on the scenic vistas that the town sought to protect and that external lights softened the impact of artificial lighting. Asselin, Barlo Signs, and Cardiff appealed, arguing that the sign regulation violated their substantive-due-process rights.