Cases of Interest - Signs

CT
Chuck Thompson
Mon, Jun 24, 2024 3:30 PM

4th Circuit - Signs - Standing
In this case Adams Outdoor Advertising, a frequent litigant in the sign challenge arena, took umbrage with Beaufort County, SC over its application of its sign ordinance to its business.  The County sought to phase out billboards in its jurisdiction by adopting ordinances that prohibited repairs to existing billboards and construction of new billboards.  Like many jurisdictions, the Supreme Court's decisions in this area had jeopardized the legal basis for Beaufort County's sign law and the county sought to amend it. While a proposal was pending Adams filed several applications for new signs and was cited for repairing some existing signs.  Adams sued, but the District Court dismissed based on the Younger Doctrine as to the criminal charges regarding the repairs and on the basis of standing as to the remaining claims.  Under SC law, a local government can deny applications for land uses that will contravene proposed ordinances (under certain circumstances). The lower court concluded that Adams' challenges to the existing ordinance were moot since the county had adopted a new sign ordinance and its challenges to the new law were made despite Adams' inability to allege injury based on the new ordinance. The lower court decision was upheld on appeal  (except the panel reversed on the dismissal with prejudice concluding dismissals for standing should be without prejudice) in another nice decision by Judge Wilkinson who again pointed out that land use issues are uniquely local. Beaufort County used Scott Bergthold draft and to defend its ordinance.  Scott has been a long time supporter of IMLA and presenter on sign law issues. Congratulations to Scott and the County.
Adams Outdoor Advertising vs. Beaufort County, 231242.P.pdf (uscourts.gov)https://www.ca4.uscourts.gov/opinions/231242.P.pdf

Charles W. Thompson, Jr.
Of Counsel
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4th Circuit - Signs - Standing In this case Adams Outdoor Advertising, a frequent litigant in the sign challenge arena, took umbrage with Beaufort County, SC over its application of its sign ordinance to its business. The County sought to phase out billboards in its jurisdiction by adopting ordinances that prohibited repairs to existing billboards and construction of new billboards. Like many jurisdictions, the Supreme Court's decisions in this area had jeopardized the legal basis for Beaufort County's sign law and the county sought to amend it. While a proposal was pending Adams filed several applications for new signs and was cited for repairing some existing signs. Adams sued, but the District Court dismissed based on the Younger Doctrine as to the criminal charges regarding the repairs and on the basis of standing as to the remaining claims. Under SC law, a local government can deny applications for land uses that will contravene proposed ordinances (under certain circumstances). The lower court concluded that Adams' challenges to the existing ordinance were moot since the county had adopted a new sign ordinance and its challenges to the new law were made despite Adams' inability to allege injury based on the new ordinance. The lower court decision was upheld on appeal (except the panel reversed on the dismissal with prejudice concluding dismissals for standing should be without prejudice) in another nice decision by Judge Wilkinson who again pointed out that land use issues are uniquely local. Beaufort County used Scott Bergthold draft and to defend its ordinance. Scott has been a long time supporter of IMLA and presenter on sign law issues. Congratulations to Scott and the County. Adams Outdoor Advertising vs. Beaufort County, 231242.P.pdf (uscourts.gov)<https://www.ca4.uscourts.gov/opinions/231242.P.pdf> Charles W. Thompson, Jr. Of Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/>