Court reverses DOT’s decision to deny permit for multi-message sign
Docket Number: 2221041 , Decision Date: August 16, 2022
Attachment: Click here to download the decision.
This case involved the Department of Transportations’ denial of a permit for a multiple-message sign on State Route 520. The Department had denied the permit because the sign would have been placed within 5,000 feet of another multiple message sign, as prohibited by law. The Court, however, concluded that this spacing restriction did not apply in this particular instance. Rather, the controlling statute limited a multiple message sign from being placed within 5,000 feet of another such sign “on the same side of the highway.” Applying principles of statutory construction, the Court concluded that the two signs were not on “the same side of the highway,” as they were oriented toward two different roadways (State Route 520 and State Route 136301) and neither was visible from both roadways.
Currently on appeal with DOT – filed 9/12/2022