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Moreton Rolleston Jr. Living Trust v. Department of Transp. of the State of Ga.

The Department of Transportation properly denied the plaintiff's request to raise the height of its nonconforming billboard since Georgia's Outdoor Advertising Control Act prohibits changes in the existing use of nonconforming signs.

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Moreton Rolleston, Jr. Living Trust owns a 50-foot by 85-foot tract of undeveloped land abutting an Interstate-75 frontage road. A billboard on the land has been leased to companies for advertising to I-75 northbound traffic. In 1995-1996, the Department of Transportation reconstructed a portion of I-75 near the billboard. The northbound lanes were lowered several feet, a center wall was constructed, and a 16-foot by 16-foot directional signboard was suspended 18 feet above the southbound lanes. The Trust claims that, afterward, visibility of its billboard to I-75 northbound traffic was reduced and that the billboard no longer produces revenue.

The Trust maintains that the only way to make the billboard visible again to northbound traffic is to raise it. In October 1996, the Trust requested DOT’s permission to raise its billboard. When DOT refused the Trust’s requests, the Trust sued DOT, alleging that its refusal constituted a denial of equal protection and a taking.

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