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City of Statham v. Diversified Dev. Co.

A previous judgment determining that the city's moratorium on billboard permits was invalid and ordering the city to issue permits to defendant did not prevent the city from enforcing its size and location ordinances.

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The City of Statham, Georgia the City brought the underlying action against Diversified Development Company seeking an injunction which would require that Diversified remove four billboards which were erected in violation of city ordinances. The parties filed competing motions for summary judgment, and the trial court granted Diversified’s motion. The City appeals. “We review a trial court’s grant of summary judgment de novo, and we view the evidence in the light most favorable to the nonmovant. On de novo review, we ‘owe no deference to the trial court’s conclusions of law. Instead, we are free to apply anew the legal principles to the facts.’ ” Footnote omitted. Delta Airlines v. Clayton County Bd. of Tax Assessors.1

In the present case, when Diversified applied for four permits to construct outdoor advertising signs on its property located in Statham, Georgia, the City denied the permits based upon a moratorium on billboard permits it had recently adopted. Diversified sued the City, and, in that action, the trial court determined that the moratorium was invalid and ordered the City to issue “the requested permits and perform any and all other administrative action necessary to allow Diversified to erect the proposed outdoor advertising signs.” Thereafter, the City issued the requested permits, noting on each permit that it was issued specifically pursuant to the trial court’s order dated January 14, 1999.

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