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Golden Isles Outdoor LLC v. The Lamar Co. LLC

The trial court erred in its construction of the digital billboard ordinance in the City of Savannah's Code of Ordinances.

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The Lamar Company, LLC “Lamar” filed an action in the Superior Court of Chatham County appealing a decision by the City of Savannah Zoning Board of Appeals the “ZBA”, which, in response to a petition filed by Lamar’s outdoor advertising competitor, Golden Isles Outdoor, LLC “Golden Isles”, invalidated a permit that allowed Lamar to convert an existing billboard into a digital billboard. In an order on the parties’ cross-motions for summary judgment, the trial court reversed the ZBA’s decision. We granted Golden Isles’ application for discretionary appeal, and Golden Isles now appeals, arguing that the trial court misinterpreted the digital billboard ordinance in the City of Savannah’s Code of Ordinances the “Savannah Code” when it determined that the ordinance does not prohibit digital billboards on collector roadways such as the one where the billboard at issue is located.1 We conclude that the trial court erred in its construction of the ordinance and therefore reverse.

This appeal presents a question of law concerning the proper interpretation of the Savannah Code, and we apply a de novo standard of review. City of Atlanta v. Hotels.com, 289 Ga. 323, 325 1 710 SE2d 766 2011.

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