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Judge Guice rules in favor of county; billboard issue could be resolved tonight

County meeting to be held at WCU

By Lisa Majors-Duff

An out-of-town billboard company was dealt a blow in its lawsuit against Jackson County commissioners Monday when Superior Court Judge Zoro Guice denied a request to review documents related to the county's moratorium on off-premise sign construction.

Charles McDarris, a Raleigh attorney representing PNE AOA Media of Pisgah Forest and New Jersey, requested Guice grant a writ of certiorari, which would have allowed the judge to serve as a court of appeals on the issue and determine if Jackson County properly enacted a moratorium on billboard construction in August.

Raymond Large, Jackson County's attorney, argued successfully that such a request was improper since county officials acted in a legislative manner when they adopted the moratorium, and not in a judicial function as a writ of certiorari requires.

He further argued that PNE Media was not due equitable relief because the sign company "does not in any form or fashion have clean hands" on the issue.

"(PNE) violated the law and got caught," he told the judge, referring to a letter addressed to PNE from DOT that stated their Dillsboro sign "is in violation of the Outdoor Advertising Control Act and Department of Transportation regulation in that the sign structure has been erected without a permit."

McDarris objected to Large's allegation that PNE had violated the law, explaining that the billboard company admits to putting up the sign structure before getting a permit. "It's customary to put up the structure first and get a permit before displaying advertising on the sign," McDarris said.

But Guice sided with Large and Jackson County, telling the sign company's attorney, "You proceeded at your own risk, didn't you."

"This is a victory in the sense that we can go ahead with this issue," Large said Tuesday. Had Guice granted PNE's request, the result would have been similar to an injunction against the county to continue its discussion on off-premise signs, Large said.

Monday's hearing in the case of PNE AOA vs Jackson County and the N.C. Department of Transportation followed answers to the billboard company's claim filed in October. Speaking on behalf of the N.C. Attorney General Office, Assistant Attorney General Gaines Weaver admitted that PNE representatives met with DOT employee Buddy Burrell to discuss plans for a new billboard just south of Dillsboro. But he denied that Burrell "indicated that the new sign was in compliance and would be issued a permit as soon as the existing billboard was removed."

In his answer to the lawsuit, Large denies that PNE representatives were told by a county employee that no permits were needed from Jackson County for new billboard construction. In a counterclaim, Jackson County has asked the court to grant a permanent injunction against PNE and command the company to remove the sign structure on U.S. 441.

Jackson County's moratorium is only one of several thorns in the side of PNE Media. The billboard company is a suspect in an October tree-removal incident along the road leading to Charlotte/Douglas International Airport, according to published reports.

More than 100 trees that blocked the view of PNE billboards were unlawfully removed, said Charlotte Assistant City Attorney Jude Starrett, and since the tree removal enhanced the view of its billboards, PNE is considered a suspect.

PNE Media sued Jackson County and the DOT for denying its constitutional rights to earn revenue from its billboard on U.S. 441 just south of Dillsboro. They claimed that previsions had been made with the DOT to secure a permit provided they remove an existing billboard within 300 feet of their new sign. They also said they were told Jackson County did not required permits for outdoor advertising.

With the understanding that a permit would be granted by DOT, McDarris said, the billboard's structure was erected on a Saturday and Sunday in August. That action angered Dillsboro residents and business owners, who pleaded with county leaders to temporarily halt off-premise sign construction and design an ordinance to regulate billboards in the future.

The county adopted a moratorium Aug. 19 and directed its planning board to draft an ordinance, which it did with input from a state community planner and Allison Outdoor Advertising owner George Allison.

A draft ordinance was presented to the county board during a work session in early November, at which time Allison requested changes to lessen some of its restrictions, including allowing smaller spacing between signs and tall structures. He also asked that a prevision to require a sign to be at least 250 feet from an adjacent property owner's home be removed.

By a vote of 3-2, commissioners approved Allison's requests for modifications and scheduled a public hearing on the revised document for Dec. 2. A majority of those speaking at the hearing requested the board approve the original, stronger document, though several Allison employees and others with financial interests in outdoor advertising supported the language of the new ordinance.

Commissioners again voted 3-2 in favor of the modified ordinance, but because of a ruling requiring unanimous approval on a first reading, the document was not adopted. The issue is expected to be raised again tonight (Thursday) when commissioners meet on the Western Carolina University campus in Cullowhee at 7 p.m. at the old Camp Lab School site.

Back to Archive: 12-16-99.