Agenda - Planning Commission - 08/07/2008

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Zoning Bulletin Case Note: GASS had also asserted that the city in failing to pro- cess its 1994 application for a permit for the sign violated its right to procedural due process under the U.S. Constitution. The appellate court determined that GASS waived its argument chal- lenging the district court's dismissal of its procedural due process claims. Concurrent/Conflicting Regulations-,-City denies permit for construction of billboard Advertiser argues city ordinance banning new billboards violates stat~ law Citation: State Of Missouri, Ex Rel. Ad Trend, Inc. v. City Of Platte City, 2008 WL 2019592 (Mo. Ct. App. WD. 2008) " MISSOURI (05/13/08) - Ad Trend, Inc. sought a municipal sign permit for the construction of a new billboard in the city. Ad Trend was informed by the city attorney that the city had ninety days to consider the application. While Ad Trend's perinit application was pending, the city amended its zoning ordinance to prohibit new bill- boards' of the type Ad' Trend wanted to construct. The city then de- flied the permit. Ad Trend filed an action in court. It asked the court to declare that the city's zoning ordinance violated the Missouri Billboard Act (the Act) (Mo. .Rev. Stat. SS 226.500 et seq.) and impa~ed Ad Trend's vested rights. The Act provided a variety of regulations on billboards within 660 feet of highways. Among other things, those regulations included restrictions on size, lighting, and spacing of billboards (see Mo. Rev. Stat. S 226.540.). Ad Trend argued that the Act only per- mitted the city to regulate height, size, lighting and spacing of bill- boards, and did not authorize the city to enforce an outright ban on new billboard construction. The trial court granted the city's motion for summary judgment. In . doing so, it found there were no material issues of fact and found for the city on the law alone. Ad Trend appealed. DECISION: Affirmed. 8 @ 2008 Thomson Reuters/West 44 . ----, -'.