After years of legal battles, the Fayette County Commission settled a lawsuit Thursday night to allow two billboards to be erected in the county.
The settlement was presented by Decatur lawyer Laurel Henderson who represented the county in its battle with Tanner Advertising.
The billboard will be located in north Fayette County at 145 Walker Parkway and near the the intersection of Ga. Highways 85 and 279. In her recommendation for the settlement, Henderson said recent legal decisions would not favor Fayette County continuing the fight.
Henderson said the company originally wanted eight billboards, but settled for two, along with $50,000 in legal fees and a $5,000 payment to Curtis Coffey, who was also involved in the suit.
Henderson said the county had already lost twice in the Georgia Supreme Court, who had sent the issue back to Superior Court. She estimated it would cost the county at least another $100,000 in legal fees, and possibly millions in damages if Tanner won the lawsuit Fayette County’s highways and byways won’t be seeing any new billboards in the near future.
In 2006, the U.S. 11th Circuit Court of Appeals rejected outdoor advertising company Tanner Advertising’s request to allow more billboards and reject the county’s 1998 sign ordinance.
In the 47-page opinion, the court cited the county’s recent repeal of the 1998 ordinance and replacement with a new version in 2005.
“Because all but one of the challenges by Tanner were rendered moot by the 2005 Sign Ordinance, and Tanner lacks standing to challenge the remaining provision, we now dismiss this appeal,” wrote the justices.
In 2003, Tanner submitted eight applications for billboards that were 50 feet in height and 672 square feet in size. The applications were rejected on the same day by the county and Tanner subsequently filed suit claiming the sign ordinance violated the First Amendment.
The case has bounced among various court jurisdictions until the county requested an en banc hearing of all the judges in the 11th Circuit.
But Tanner appealed, and the issue was sent back to Superior Court.
“I think it would foolish for us not to settle for the benefit of the taxpayers,” said Commissioner Herb Frady.
Chairman Jack Smith explained that former county attorney Bill McNally had recommended Henderson to represent the county and that she had been involved with sign ordinances for more than 20 years.
But Commissioner Peter Pfeifer, who cast the lone dissenting vote on the settlement, said the county was making a mistake.
“We didn’t lose in the Supreme Court. It was just sent back to the local courts. This does not ensure we won’t have future lawsuits.”