billboard and sign illumination

State v. Calabria

Full Case Name
THE STATE OF NEW JERSEY, (LONG HILL TOWNSHIP), PLAINTIFF, v. CALABRIA, GILLETTE LIQUORS & DIANE'S COUNTRY KITCHEN, DEFENDANTS
Description

The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs was an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.

Date
01-24-1997
Court
New Jersey Superior Court, Law Division
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Morris County, NJ
Disputed Act

Defendant business owners had signs on the inside of their stores illuminated by neon, which violated the Long Hill Township's ordinance regulating signs. The trial court upheld the constitutionality of the ordinance and found each defendant guilty of violating the ordinance. Defendants appealed their convictions.

Holding
The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs to be an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.
Disposition

RUTHERFORD MANAGEMENT CORP. v. TOWN OF COLUMBUS

Full Case Name
RUTHERFORD MANAGEMENT CORP., Plaintiff, v. TOWN OF COLUMBUS, Defendant.
Description

The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" which prohibit flashing lights on signs. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to the trial court.

Date
01-04-2005
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Incident Location
Polk County, NC
Disputed Act

The plaintiff company failed to obtain a permit from the Town of Columbus prior to installing a new sign for its McDonald's Restaurant. The Township sent the company a Notice of Violation because it's sign violated the Town's sign ordinance by using "flashing and intermittent lights to display its messages."

Holding
The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" that prohibit flashing lights. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to allow the trial court to decide which features of the sign should be precluded as a condition of plaintiff obtaining a permit.

Haaf v. Zoning Hearing Board

Full Case Name
Ralph D. HAAF, John J. Angelino and Diane M. Angelino, Robert C. Rupp, George D. Haaf, II, and Tamilee Haaf, and David Musselman v. The ZONING HEARING BOARD OF the TOWNSHIP OF WEISENBERG. Appeal of ADAMS OUTDOOR ADVERTISING, LTD., Appellant
Description

The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

Date
05-21-1993
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Lehigh County, PA
Disputed Act

The plaintiff company, Adams Outdoor Advertising, Ltd. (Adams), filed an application with the Zoning Hearing Board of the Township of Weisenberg (the Board) for a building permit to erect an off-premises advertising sign. The Board denied Adams' application because it was in violation of the Zoning Ordinance in terms of both its height and off-premises status. After Adams appealed to the Board, the Board granted Adams a variance for the sign and the Board issued Adams a permit, which limited the time period for illumination of the lights on the sign from between 6pm to 11pm. Upon objectors filing an appeal to the Board's permit, challenging the sign's height, the Board then revoked the permit for Adams' sign, and Adams appealed the Board's decision.

Holding
The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

Scenic Arizona v. City of Phoenix Board of Adjustment

Full Case Name
SCENIC ARIZONA, an Arizona corporation; Neighborhood Coalition of Greater Phoenix, an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees, v. CITY OF PHOENIX BOARD OF ADJUSTMENT, a municipal agency, Defendant/Appellee, American Outdoor Advertising, Inc., an Arizona corporation, Defendant/Appellee/Cross-Appellant
Description

The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Date
11-17-2011
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Defendants
Incident Location
Phoenix, AZ
Disputed Act

The City of Phoenix Board of Adjustment ("Board") granted a use permit to American Outdoor Advertising, Inc. ("American Outdoor") to operate an electronic billboard adjacent to Interstate 17. Plaintiff non-profits brought suit to enjoin the electronic billboard, alleging the billboard would violate Arizona Revised Statutes ("A.R.S.") section 28-7903 (1998),[3] a provision of the Arizona Highway Beautification Act ("AHBA"), in part due to its intermittent lighting.

Holding
The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Plamondon v. Outcepts Management & Consulting, LLC

Full Case Name
William R. Plamondon & others vs. Outcepts Management & Consulting, LLC, & others
Description

The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.

Date
06-11-2012
Court
Massachusetts Appeals Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Westport, MA
Disputed Act

Defendants sought to replace an existing billboard on their property in a residential neighborhood. Plaintiffs, who live nearby defendant, brought suit requesting injunctive relief to enjoin defendant from keeping the new billboard in place. The plaintiffs alleged that the new billboard did not meet the requirements of G. L. c. 93 and 711 Code Mass. Regs. § 3.00 et seq. (2010) and that the new billboard was different from the old billboard because, among other things, it was lit with light-emitting diode (LED) lamps hidden and mounted at the bottom of the billboard’s catwalk, as opposed to the prior sign’s floodlights. The trial court judge credited the defendants’ evidence that the new billboard's LED lighting minimized “backwash lighting,” or “light trespass.”

Holding
The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.
Disposition

Armstead v. Zoning Board of Adjustment

Full Case Name
William ARMSTEAD and Tully J. Speaker and Barbara Krassenstein and Gail Ober and Annyah Hasler and Roger Hasler and Bernard Bondi and Roseanne Stagno Adams and Jovida Hill and Scenic Philadelphia, Appellants v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA and City of Philadelphia and Franklin Institute
Description

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.

Date
04-23-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Philadelphia, PA
Disputed Act

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Franklin Institute had informed the ZBA it would agree to, among other things, reduce the sign’s brightness and equip the sign with automatic dimming control, which adjusts the sign’s light levels to changing conditions.

Holding
The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.
Disposition

Citizens for Amending Proposition v. City of Pomona

Full Case Name
CITIZENS FOR AMENDING PROPOSITION L et al., Plaintiffs and Respondents, v. CITY OF POMONA, Defendant and Appellant.
Description

The Court affirmed the trial court's ruling that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits.

Date
11-07-2018
Court
Court of Appeal, Fifth District, California
Jurisdiction
California
Defendants
Incident Location
Pomona, CA
Disputed Act

Proposition L was a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits. Plaintiff, a non-profit composed of Pomona city residents formed to advocate for the enforcement of Proposition L, brought suit against the city of Pomona for entering into an extended agreement with Regency Outdoor Advertising, Inc. (Regency) to allow Regency to erect advertising billboards alongside several Pomona freeways. Issues discussed at city council meetings regarding the extended agreement with Regency included "the locations of billboards in the City, types of digital signs, light emissions, and the possibility of negotiating the removal of the three additional signs."

Holding
The Court affirmed the trial court's rulings that plaintiffs had standing, that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, and that plaintiffs were entitled to attorney's fees.
Disposition