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Pearce v. City of Round Rock

Because the city's ordinance requires that a sign need only be a "device or surface on which letters, numbers, illustrations" can be "printed, stamped, raised," the court holds that four of appellants' structures were signs and therefore entitled to nonconforming use status under the ordinance.

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Appellants Richard Wallace Pearce and Jesse Ray Blann appeal the district court’s judgment affirming the decisions of the Round Rock Development Review Board *fn1 to deny appellants’ permit applications for seven outdoor advertising structures located in Round Rock’s extraterritorial jurisdiction. In five issues, appellants contend that the Board erred in upholding the zoning administrator’s decisions denying their permits. The issue for our determination is whether the district court abused its discretion in affirming the Board’s decisions.

We hold that, as a matter of law, four of the structures are “signs” within the meaning of Round Rock’s city ordinance, and we reverse and remand to the Board for further proceedings that portion of the district court’s judgment and render a determination that the district court erred, as a matter of law, in affirming the Board’s decisions relating to those four structures. Because we hold that the other three structures are not “signs,” we affirm that part of the district court’s judgment affirming the Board.

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