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Sylva settles sign suit

By Lynn Hotaling
Almost exactly a year after it began, the battle over an out-of-compliance sign in Sylva's city limits has ended.

Mayor Brenda Oliver announced Thursday (Feb. 3) that both sides have agreed to a consent judgment that will settle the year-old lawsuit filed by the town of Sylva against local business owner R.J. Humes.

Judge Steve Bryant has said he will approve the agreement, said Eric Ridenour, attorney for the town.

Under the terms of the agreement, Humes will pay a $250 fine and remove the lowest panel from the sign in front of Triple B convenience store in Lovesfield. Removal of the panel that currently advertises the service station's diesel prices will not bring Triple B's sign into compliance with town zoning ordinances, said Sylva zoning administrator Jim Aust. No more than 20 square feet will be subtracted from the original 160, and the sign will remain 20 feet tall, Aust said.

Business signs are limited by town ordinances to a maximum of 48 square feet of surface area and 12 feet in height.

Humes said Monday he settled the suit for the sake of others involved and to save Sylva taxpayers the cost of continuing to litigate the matter.

"For everybody's benefit, and since it cost me so little, there was no point in continuing," Humes said. "The sign stays. I had to pacify (the town board) by paying a fine and making a small modification, but I'm keeping the sign. I feel like the lesser of two evils was for me to go ahead and settle."

"I'm very pleased about resolving the matter without a jury trial," said Oliver. "It's good to have it settled. We're trying to make sure that our ordinances are fair and applicable to everyone."

At issue was an Exxon sign Humes put up without a permit in December 1998 in apparent disregard of Sylva's sign ordinance. Humes, who had requested a variance that would allow his sign to exceed size limits, erected the sign one day before a scheduled zoning hearing on the matter.

Town board members stood behind their zoning ordinance and requested that Humes remove the sign. Humes refused, and the legal wrangling began.

During consideration of the town's request for summary judgment in November, Judge Bryant found mostly in favor of the town's position but stopped short of dismissing the case.

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