Superior Court upholds OSAH Decision on Outdoor Advertising Control Act.

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 1502559 , Decision Date: 2016-07-15 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Fulton County Superior Court affirmed an OSAH Judge’s Decision holding that LED signs located behind glass panes on a building and visible to the outside public were subject to regulation under the Outdoor Advertising Control Act.  The Superior Court also concurred with the OSAH Judge’s holding [..] Read More..

Indoor signs communicating advertisement to the outdoor public subject to regulation.

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 1502559 , Decision Date: 2015-11-12 
Attachment: Click here to download the decision. 

Advertisements visible to, and intended to be visible to, the outdoor traveling public are subject to regulation under the Georgia Outdoor Advertising Control Act, even where they are physically located inside of a building.  Further, LED signs with changing messages are subject to regulation because, [..] Read More..

Destroyed signs cannot be repaired without prior authorization.

Topic: Outdoor Advertising, Decided by Judge Walker 
Docket Number: 1446204 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Department of Transportation correctly instructed the Petitioner to remove illegal signs that were erected without lawful permits after they repaired signs that were destroyed by a tornado without the Department’s authorization.

Respondent ordered to remove a sign visible from a state route and on residential property.

Topic: Outdoor Advertising, Decided by Judge Miller 
Docket Number: 1457463 , Decision Date: 2014-08-28 
Attachment: Click here to download the decision. 

Respondent erected a sign visible from and adjacent to State Route 515.  Respondent applied for the necessary permit, but the Department denied the permit because the sign is in a residential area. The Court ordered the Respondent to remove the sign within 120 days and [..] Read More..

Outdoor advertisements only allowed on property primarily used and zoned for commercial activity.

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 1410364 , Decision Date: 2013-12-06 
Attachment: Click here to download the decision. 

The Department of Transportation correctly denied Petitioner’s application for an outdoor advertising permit.  The outdoor advertisement would have shared the property with a residential apartment complex.  While the property may have been zoned for commercial activity, the apartment complex had been grandfathered in.  Permits may [..] Read More..

Outdoor advertising permits denied because property was not commercial or industrial.

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 1338996 , Decision Date: 2013-09-10 
Attachment: Click here to download the decision. 

Petitioner’s outdoor advertising permit applications were properly denied because the property was not zoned for commercial or industrial use, nor could it be considered an unzoned commercial or industrial area because the property was not used for such activity.  Georgia law does not categorize railroad [..] Read More..