Thursday, November 10, 2005
Ind. Decisions - City orders billboards down by Dec. 10
"Court decides billboards must go: 10 interstate signs in Indy ruled illegal" is the headline to a story today in the Indianapolis Star Business section, by JK Wall. References are to the Indiana Supreme Court's ruling Nov. 3rd in the case of Metropolitan Development Commission of Marion Co., et al v. Pinnacle Media. See ILB entry here. Some quotes from the story:
Ten signs that Indianapolis Mayor Bart Peterson finds unsightly and against city rules must be torn down after the Indiana Supreme Court reversed two lower courts' decisions.
The five-year court battle came down to the issue of timing. The state Supreme Court ruled that Pinnacle Media should not have been allowed to erect the billboards along inner-city interstates because a city zoning rule was passed in time to stop it.
City officials will send a letter to Pinnacle representatives this week, asking them to take down the 10 billboards by Dec. 1. If Pinnacle does not comply, the city will pursue legal action, said Maury Plambeck, director of the Department of Metropolitan Development. * * *
The five Supreme Court justices were unanimous in their decision, handed down Nov. 3.
"The question (is) whether, at the time of the change in the zoning ordinance, construction had proceeded on the project to the point that the developer had a vested interest," Justice Frank Sullivan Jr. wrote in the opinion. "In this case, no construction of any kind had proceeded on the 10 billboards" when the city changed its zoning rules.