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December 10, 2010 1 Volume 41 No. 23 Zoning Bulletin <br />Liabilities —Sign company sues city and <br />zoning official for damages related to their <br />interpretation of zoning ordinance <br />City and official claim substantive immunity <br />Citation: Bill Salter Advertising, Inc. v. City of Atmore, 2010 WL <br />4151989 (Ala. Civ. App. 2010) <br />ALABAMA (10/22/10) —This case addressed the issue of whether <br />a city and city zoning official were entitled to substantive immunity <br />from a sign company's action for damages arising out of interpreta- <br />tion and enforcement of a zoning ordinance. <br />The Background/Facts: Bill Salter Advertising, Inc. ( "BSA ") was <br />a company that erected and maintained advertising signs in several <br />locations in Alabama, including the City of Atmore (the "City"). In <br />2004, Hurricane Ivan struck the City. Several of BSA's signs were <br />damaged in the hurricane. Subsequently, BSA contacted city officials <br />regarding BSA's desire to rebuild the damaged signs. The city's build- <br />ing official, Allen Nix, allegedly refused to allow BSA to rebuild the <br />signs. Nix based this refusal on the City's sign ordinance (the "Or- <br />For authorization to photocopy, please contact the Copyright Clearance Center at 222 Rosewood ^ f <br />Drive, Danvers, MA 01923, USA (978) 750 -8400; fax (978) 646-8600 or West's Copyright Services at <br />610 Opperman Drive, Eagan, MN 55123, fax (651) 687 -7551, Please outlinethe specific material <br />involved, the number of copies you wish to distribute and the, purpose or format of the use. <br />This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered; however, this publication was not necessarily prepared by persons <br />licensed to practice law in a particular jurisdiction. The publisher is not engaged In rendering legal <br />or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164 -0526. For subscription information: call (800) 229 - 2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164 -9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164 -0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164 -0526 <br />1- 800 - 229 -2084 • email: west. customerservice Qthomsonreuters.com • west.thomson.com /quinlan <br />ISSN 0514 -7905 • © 2010 Thomson Reuters. All Rights Reserved. <br />Quinlanr^" is a Thomson Reuters brand. <br />2 © 2010 Thomson Reuters <br />