Q: When is a Billboard not a Billboard? A: When it is 25 SF.

Posted By Cliff Tuttle | March 22, 2009

Posted by Cliff Tuttle

The Pennsylvania Supreme Court in Township of Exeter v. Zoning Hearing Board of Exeter Twp., 962 A.2d 653 (2009) upheld a finding by the Zoning Hearing Board and affirmed by the Court of Common Pleas, based on expert testimony, that an ordinance that limited the size of a billboard to 25 feet effectively banned billboards, since 25 square feet was too small to display an advertising message of the kind commonly found on billboards to passing motorists. (Exclusionary Zoning) The expert had testified that 300 square feet was the minimum size at which a billboard could be effective. However, the Court also noted that the Court of Common Pleas made no findings whether the ordinance was justified by heath safety or aesthetic concerns and remanded the case for findings in that area.

Such a remand would seem to presage another appeal. Stay tuned for Exeter II.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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