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Home >> Library Resources >> Legal Opinions & Case Law

Legal Opinions & Case Law
   
   
Case Law contains information regarding legal opinions and case information on outdoor advertising cases throught the United States. Contact Jenny Hall at jennifer.hall@modot.mo.gov for additional case law to be included on NAHBA's website.
 
   

Texas
Lowell Merritt appeals from a trial court judgment dismissing, on a plea to the jurisdiction, his "Lawsuit to Obtain Injunctive and Declaratory Relief and General Damages Due to an Official Refusing to Abide by the Statutes in the Texas Transportation Code." The judgment was affirmed. Click here to view the entire opinion.
August 27, 2010
 

Nebraska
Appellant, The Lamar Company, LLC, doing business as The Lamar Companies (Lamar), had nonconforming billboard signs situated on land in Fremont, Nebraska, pursuant to periodic lease agreements with appellee landowners. In 2003, the Fremont city ordinances were amended to allow replacement of nonconforming signs, and the landowners leasing to Lamar discontinued their leases with Lamar and leased the space to a different sign company. Lamar challenged the constitutionality of the ordinance and alleged that, although it was a mere lesee, it had a vested property right in the nonconforming structures and that this vested property right was not the landowners' to transfer. The district court generally found in favor of appellees on the merits. The Nebraska Supreme Court affirmed the judgment entered by the district court. Click here to view the entire opinion.
September 24, 2009
 
 
 
 
 

Illinois
At issue in this appeal is whether defendant, the Illinois Department of Transportation (IDOT), must issue a permit to plaintiff, Outcom, Inc., a Missouri corporation doing business as Porlier Outdoor Advertising, for the erection of two billboards in the Village of Caseyville, Illinois. IDOT denied plaintiff's permit applications, concluding that plaintiff had failed to demonstrate that the proposed billboard site was continuously used for commercial or industrial activities. The Illinois Supreme Court reversed the judgments of the appellate court and circuit court, and confirmed with IDOT's decision denying the permits. Click here to view the entire opinion.
May 21, 2009
 
 
 

Miscellaneous A review of case law regarding outdoor advertising control cases was presented at the 2007 NAHBA Conference held in Jackson, Mississippi. Click here to view a summary of the cases.
August 2007

Iowa
This District Court case was decided by an Order on Motion to Dismiss. At issue in this case is the right to visibility during a construction project. Iowa DOT did not buy right of way where the sign was located; however, the roadway was elevated, which reduced the signs readability. Clear Channel petitioned for damages. Defendant's Motion to Dismiss was granted and plaintiff's petition was dismissed. Click here to view the entire opinion.
April 26, 2006
 

FHWA
Legal opinion from FHWA: Actions that are facially part of comprehensive zoning, but in fack are merely schemes to allow outdoor advertising in rural or residential areas, are not accepted by the FHWA as valid zoning for purposes of control of outdoor advertising. Click here to view the entire opinion
April 24, 2004
 

Mississippi
Eller Media Company was granted compensation for loss, through eminent domain, of its billboards and its leasehold interest in two parcels of real property in DeSoto County it leased from Entergy Service, Inc. (Entergy), and The Prudential Insurance Company (Prudential), respectively. Eller claims that the compensation awarded by DeSoto County Special Court of Eminent Domain was inadequate and that summary judgment for the Mississippi Transportation Commission (MTC) should not have been granted. The Mississippi Supreme Court disagreed and affirmed. Click here to view the entire opinion.
May 21, 2003
 
 
 

Iowa
Don Bosco High School has baseball and softball diamonds located on school property in the city limits of Gilbertville, Iowa. Thirty-seven "booster signs" of local businesses who have contributed money to sponsor the ball teams are attached to the outfield fences of these ball fields, and are visible from a primary highway. Iowa DOT required their removal. After administrative proceedings resulted in affirmance of the removal order,, petitioners sought judicial review. Click here to view court documents. Click here to view the Administrative Hearing. Click here to view exhibits.
May 19, 2003
 
 

Miscellaneous
A review of case law regarding outdoor advertising control cases was presented at the 2003 NAHBA Conference held in Asheville, North Carolina. Click here to view a summary of the cases.
August 2003

Miscellaneous
A review of case law regarding outdoor advertising control cases was presented at the 2002 NAHBA Conference held in San Diego, California. Click here to view a summery of the cases.
August 2002

Miscellaneous
A review of case law regarding outdoor advertising control cases was presented at the 2001 NAHBA Conference held in Vail, Colorado. Click here to view a summery of the cases.
August 2001

FHWA
Opinion of the General Counsel U.S. Department of Transportation concludes that a provision allowing nonconforming highway signs to be removed through amortization for a period that would permit recoupment of a sign owner's investment is not constitutionally vulnerable. Click here to view the entire opinion.
May 21, 1991
 

FHWA Opinion of the General Counsel U.S. Department of Transportation on whether executive Order 12630 applies to grant-in-aid programs such as the Federal-aid highway program. Click here to view the entire opinion.
May 21, 1991

Colorado
Colorado Court of Appeals decision, consistent with FHWA's position that regulations requiring reasonable modifications to signs, does not constitute a taking requiring the payment of just compensation. Click here to view the entire opinion.
1990

Florida Issue: Can the FHWA hold a State DOT responsible for the actions of a local zoning authority that zones an area commercial or industrial primarily for the erection of billboards? Click here to view the entire opinion.
 

 

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