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Fulton County v. Galberaith

Several sections of the Fulton county zoning ordinance are unconstitutionally broad for declaring that all outdoor signs are presumptively illegal throughout the county, to be exempted only on a case-by-case basis.

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Steven Galberaith and Action Outdoor Advertising JV, LLC Appellees applied to place outdoor signs on two sites in Fulton County which were zoned C-1. Under the Fulton County sign ordinance, the proposed signs were “billboards,” which meant that they would display advertising for businesses that were located elsewhere. However, such off-premise advertising is not permitted under the ordinance, which allows only on-premise advertising in areas zoned commercial. Therefore, Fulton County denied the applications. Appellees appealed to the Fulton County Board of Zoning Appeals Board, contending that the prohibition against off-premise signs in commercially-zoned areas was an unconstitutional violation of free speech. However, the Board affirmed the denial of the applications.

Pursuant to a petition for a writ of certiorari, Appellees appealed the denial of their applications to the superior court, and named Fulton County, the Board and the individual members of the Board Appellants as the respondents. After conducting a hearing, the superior court found that several sections of the sign ordinance were unconstitutional and remanded the case to the Board for reconsideration of Appellees’ applications. Appellants sought a discretionary appeal from the superior court’s order, and this Court granted the application.

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