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Olympus Media LLC v. City of Dunwoody

A consent order between a billboard's owner and DeKalb County showed an intent by the parties to preserve the status quo as to the disputed sign as it then existed, not a redesigned full-faced LED sign, which the billboard's owner subsequently built.

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Olympus Media, LLC, and Olympus officer Ray Moyers collectively “Olympus” filed a declaratory judgment action against the City of Dunwoody seeking to challenge the City’s authority to deny it a permit for an existing billboard and to clarify Olympus’s rights under sign permits issued pursuant to a consent order with DeKalb County. The City counterclaimed, challenging the lawful existence of the billboard. Following discovery, the parties each moved for summary judgment, and the trial court granted the City’s motion and denied Olympus’s motion, allowing Olympus the option to modify the existing billboard to conform with an earlier, un-enhanced version of the billboard as built when the consent order was entered. In Case No. A15A0881, Olympus appeals,1 and in Case No. A15A0882, the City cross-appeals the trial court’s ruling that Olympus or its predecessor had not abandoned its rights to the billboard, thereby ruling that Olympus was not required to remove the billboard altogether. For the reasons that follow, we affirm in each case.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

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