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High Court sides with Roswell in billboard dispute
The Atlanta Journal-Constitution
Published on: 03/10/08
Handing an important victory to local governments, the Georgia Supreme Court on Monday sided with Roswell in its long-running dispute with a company that wanted to erect large billboards in the city.
The court said Granite State Outdoor Advertising, which wanted to build 70-foot-tall billboards in Roswell, lacked standing to challenge the city's sign ordinance.
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"I'm very pleased with the decision," Roswell Mayor Jere Wood said. "We hope it will help our sister cities. It's an important precedent."
Buford attorney Richard Carothers, who represented the city in the case, also applauded the ruling.
"An important door is being shut on the industry's ability to challenge these ordinances," Carothers said. "The ultimate winner is the citizens who have the right to determine what types of billboards they want in their area. It's a victory for Georgia's 159 counties and more than 500 cities."
Adam Webb, a lawyer for Granite State, could not be reached for immediate comment.
The state's billboard industry has battled local governments for years in the courts over the right to erect signs along roadways and highways. In recent years, the industry lost a number of important rulings in federal court. It then turned to the state court system.
In spring 2003, Granite State submitted three applications to Roswell to construct billboards, each 672 square feet in size and 70 feet tall in height. The city rejected each application because its sign ordinance limited such signs to 128 square feet and 12 feet in height. The city also said the applications were incomplete.
Granite State filed suit in Fulton County, alleging the entire sign ordinance — not the size-limitation section — was unconstitutional.
Justice Robert Benham, writing for a unanimous court, found in Roswell's favor.
Granite State, Benham said, could not assert the entire statute was unconstitutional when it could not show it had been harmed by the section the city used to reject its application. "Granite State does not and cannot contend the city's height and size provisions are unconstitutional," Benham said.
"We applaud the court's ruling because it protects the ability of municipal officials to preserve traffic safety in their communities," Georgia Municipal Association Brooke Starr said.
"This is an incredibly important decision," said Laurel Henderson, an Atlanta lawyer who represents local governments.
Most sign ordinances limit the height and size of billboards, Henderson noted. "Instead of challenging those provisions, which directly affect their ability to erect billboards, the companies challenge provisions that are completely unrelated in hopes they can have the entire regulatory scheme thrown out. This decision puts a stop to that."
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