GDOT properly denied sign permit based on existence of another nearby sign with valid permit

This case involved a decision by the Georgia Department of Transportation (GDOT) to deny an advertising company a permit to construct a multi-message sign.  The Court concluded the permit had been properly denied, as the proposed sign would have been within 5,000 feet of another multi-message sign.  The company argued that the other sign’s permit was not valid and the sign was an unauthorized or illegal sign.  But the Court determined that the other sign was valid, as it had a permit and GDOT had not taken any actions to revoke it.

The Superior  Court of Dawson County upheld GDOT’s Final Decision, which had in turn upheld the OSAH Judge’s Initial Decision. Click on the link above to read the superior court’s order.

The Court of Appeals denied the Application for Discretionary Appeal on August 8, 2023, in case no. A24D0007.

Update as of 5/16/2024: The Supreme Court denied the Petition for Writ of Certiorari on April 26, 2024, Case No. S24C0144.