Tuesday, August 31, 2010
Ind. Decisions - Supreme Court rules in Lamar Advertising appeal
In Lamar Advertising v. View Advertising and INDOT, a 2-page order filed August 30, 2010, Chief Justice Shepard writes:
The Court of Appeals issued its memorandum decision in this matter on January 29, 2010. Lamar Advertising, Inc. v. View Outdoor Advertising, LLC, No. 49A05-0904-CV-217 (Ind. Ct. App. 2010), reh’g denied. The Court of Appeals’ decision instructs the Department of Transportation (“INDOT”) to allow the parties to file new applications for a billboard permit, and interprets an administrative rule as requiring INDOT to grant the first valid application it receives. Appellee filed a petition to transfer in which it argued, among other things, that the parties should be provided with a brief “grace period,” following certification under Appellate Rule 65(E), in which any applications filed by the parties with INDOT would be treated as if filed at the same time. Appellant has filed a brief opposing transfer. * * *
Being duly advised, the Court GRANTS transfer. Having accepted jurisdiction, the Court now SUMMARILY AFFIRMS the Court of Appeals’ decision. See Appellate Rule 58(A)(2). The Court additionally ORDERS INDOT to treat as concurrently filed any billboard permit applications it receives from the parties within three (3) business days of the date on which the Clerk certifies this order as final pursuant to Appellate Rule 65(E).