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Saturday, September 09, 2006

Ind. Decisions - Indiana Supreme Court denies billboard appeal

Among the cases denied transfer by the Indiana Supreme Court on Friday were:

Hoosier Outdoor Advertising Corp. v. Monroe Co., Indiana, Monroe Co. Bd. of Zoning Appeals, RBL Management Inc. (See 3/21/06 Court of Appeals opinion by Judge Barnes)

Lucas Outdoor Advertising, LLC v. City of Crawfordsville, Indiana Board of Zoning Appeals (See 1/18/06 Court of Appeals opinion by Judge Baker)

The Bloomington Herald-Times (no free access) reports today:

The Indiana Supreme Court will not hear the billboard dispute between RBL and Hoosier Outdoor Advertising.

The court’s decision, announced Thursday, probably means RBL’s signs along Business Ind. 37 north of town will have to be taken down.

"Yeah," said RBL owner Bob Laughlin. "I think that’s probably going to be the end of it."

In April, RBL had asked the court to hear an appeal of the state appellate court’s decision that the billboard permits belonged to Hoosier.

Hoosier Outdoor had leased property along North Business Ind. 37 for billboards from 1989 until 2004. In 2004, Hoosier tried to move the signs, but the permits were denied and the signs were removed.

During the same time frame, RBL asked for and received sign permits for 80 acres it purchased along North Business Ind. 37 in January 2004.

Hoosier appealed the county’s decision to grant permits to RBL and its denial of Hoosier’s request to move its signs. In December 2004, the Monroe County Board of Zoning Appeals gave the billboard rights to Hoosier.

RBL sued the BZA, asking for the decision to be reversed. In July 2005, Monroe Circuit Judge E. Michael Hoff ruled that the permits be granted to RBL.

The case then went to the appellate court, which in March 2006 reversed Hoff’s decision and granted the permits back to Hoosier.

While the case was making its way through the courts, Hoff allowed both companies to erect billboards until a decision was made.

Posted by Marcia Oddi on September 9, 2006 06:49 PM
Posted to Ind. Sup.Ct. Decisions