Lamar lawsuit goes to state

By Jessica Jones
Staff Writer
Posted 8/22/08

DAPHNE, Ala. — A lawsuit by Lamar Advertising against the city of Daphne was halted when Judge Kristi DuBose ruled Tuesday to send the case from federal to state court, officials said.

“The judge felt it was more appropriate for state …

This item is available in full to subscribers.

Subscribe to continue reading. Already a subscriber? Sign in

Local reporters keeping you informed across the Alabama Gulf Coast.

You can cancel anytime.
 

Please log in to continue

Log in

Lamar lawsuit goes to state

Posted

DAPHNE, Ala. — A lawsuit by Lamar Advertising against the city of Daphne was halted when Judge Kristi DuBose ruled Tuesday to send the case from federal to state court, officials said.

“The judge felt it was more appropriate for state court,” Jay Ross, city attorney, said.

The suit stems from Daphne’s sign ordinance that doesn’t allow outdoor advertising or billboards, Ross said.

“Lamar thinks the sign ordinance related to outdoor advertising is unconstitutional and that they should have the right to install signs wherever they want,” he said.

Ross said the process will be delayed because jury selection in federal court was set for Sept. 3; now the process must start over, he said.

Both sides met in mediations the week of Aug. 4, but where unable to reach an agreement, he said.

“Each side thinks they’re right,” he said. “I don’t think  … (Lamar) is right.”

“I think we’ll win.”

The dissension began when Lamar built a concrete structure across from the Fastime service station on Main Street, he said. Lamar representatives then came to the city for a building permit, but were denied one because the city’s sign ordinance prohibits billboards, he said.

Ross will continue to defend the city, he said.

“They (council members) have differences of opinion, but the majority didn’t want a settlement,” he said. “I will defend the validity of our ordinance,” he said.

With the move to state court, the trail may wait until January or February of 2009, he said.

“The ball is moving slowly, but it is moving,” he said.