Georgia Supreme Court: More billboards in north Fulton’s future
The state Supreme Court has ruled unanimously that billboard companies have the right to erect signs in the three new cities north of Atlanta: Sandy Springs, Johns Creek and Milton.
See the ruling here. From a summary just released by the court:
At issue in these cases is a Fulton County ordinance that regulates the construction of signs and billboards, and a 2007 ruling by the Georgia Supreme Court. Between May 2003 and November 2006, several sign companies submitted a number of applications to the county for permits to construct billboards at various locations in unincorporated parts of the county. The county denied the applications under the sign ordinance, and the sign companies sued, arguing the ordinance was unconstitutional.
While their consolidated suits were pending, in 2007, the state Supreme Court ruled in a separate appeal, Fulton County v. Galberaith, that the Fulton County sign ordinance was unconstitutional under the First Amendment of the U.S. Constitution.
In May 2010, Fulton Superior Court Judge Melvin Westmoreland ruled in favor of the sign companies and ordered the county and cities to immediately allow construction of the billboards. He cited Galberaith in finding that the sign companies had a vested right to erect their billboards.
By the time Galberaith was decided, however, the cities of Sandy Springs, Johns Creek and Milton had been created, and the county claimed it no longer had the authority to issue permits for signs to be located within those cities. The sign companies then filed a new lawsuit against the cities. The trial court again ruled in favor of the sign companies. Today’s decision is in response to the appeals filed by both the county and the cities.
- By Jim Galloway, Political Insider
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37 comments Add your comment
Just Nasty & Mean
June 13th, 2011
9:00 am
Screwed by the incompetents at Fulton County again!
Their legacy of idiocy and buffoonery never ends!
ProgressivePeach
June 13th, 2011
9:17 am
Has nothing to do with city governments. State Legislators, taking billboard company’s dollars for the past decade, have written legislation that so weakens the cities’ power to regulate billboards that the companies pretty much have carte blanche to do whatever they want — including having taxpayer-funded DOT employees chop down taxpayer-owned trees on freeway right-of-ways that might be blocking the billboards erected on private property. Your state lawmakers are bought and sold folks, so get used to more billboards. Corporations Uber Alles!
Litter on a Stick
June 13th, 2011
9:21 am
This state is already littered with enough billboards. I understand the short-term benefit for a business — particularly the advertising business — but I think it hurts the state long term. When I think of places I want to visit or live, I don’t include places plastered with billboards. (The billboard industry is making their buck off the government. There would be no value to this advertising without the road.)
View From Midtown
June 13th, 2011
9:33 am
From the Reap-What-You-Sow department… LOL. If McMansion suburbanites elect Republicans who are bought and paid for by Big Business, they shouldn’t be surprised when those corporate interests collect their spoils, even when it spoils the view. Congratulations!
Flo
June 13th, 2011
9:36 am
This is 2011, there are PLENTY of advertising opportunities available for businesses that do not litter our streets with huge promotional messages and distract drivers and clutter our landscape. Personally, I think less of a business that feels the need to advertise in such a vulgar and questionably effective manner.
Mr. KnowitAll
June 13th, 2011
9:39 am
Many governments are able to control billboards with effectively written sign ordinances (check Cty of Roswell, Alpharetta, etc). Fulton Co.has a long history of incompetence and outright stupidity in their ordinances…not just controlling billboard companies.
Mr. KnowitAll
June 13th, 2011
9:41 am
View from Midtown—Fulton County has been controlled by left wing political hacks from the DEMOCRAP party for decades. Get your head out of our posterior orifice.
commerce anyone
June 13th, 2011
9:49 am
BIllboards are now part of our landscape. I personally don’t mind them and often they are helpful in figuring out what is off the next exit. To say the Republican government is bought and paid for is just ignorance. Lobbyist for years have pushed their agenda forward on both sides. If there is something that needs regulating, let’s look at the big picture (ie banking) instead of where a sign can go.
td
June 13th, 2011
10:02 am
A central theme on these boards and in the main stream media is that the Republicans are “bought and paid for by big business”. If this is the case then where do you all think Democrats get their money from? The last time I looked Democrats raise as much if not more money then Republicans. I really would like to have some of you Liberals answer this question.
Georgia Bulldog
June 13th, 2011
10:03 am
I AM IN THE BILLBOARD BUSINESS….and I am totally against this. Billboards are a great way to advertise, but enough is enough. Way too many in the state already…
DwayneL
June 13th, 2011
10:10 am
These judges are wrong! If the cities don’t want them they should now have them forced up them. I personally will never purchase anything I see on a billboard as a result!
Dick Cheney
June 13th, 2011
10:12 am
I love billboards. They make great shooting platforms. Besides, advertising is the american way. Who wants to look at a bunch of trees? Anybody who opposes billboards is a spineless liberal twirp and I invite you to my next bird hunt.
Garden of Eden
June 13th, 2011
10:14 am
In Urban Planning and Development,
billboards are defined as Visual Pollution.
The Goobernator
June 13th, 2011
10:16 am
We continue degrading the quality of life here, then wonder why new businesses don’t want to locate to ATL and GA.
The Goobernator
June 13th, 2011
10:17 am
Billboards: White Trash advertising ghetto-ing our environment.
Crawford, Texas
June 13th, 2011
10:17 am
I just wanted to take the time to thank the Bush-Cheney Administration
for the “Great Recession” and the real estate depression.
Good work rednecks!
clearwax
June 13th, 2011
10:22 am
John’s Creek (the city) advertises signs all over the roads for the PGA. But the little guy had to go to the GA Supreme Court to get his signs. Small businesses in these city’s will get a ticket if they post a sign outside of their businesses.
findog
June 13th, 2011
10:29 am
td,
Your problem is that you are confused by, “State,” and “Federal,” campaign funding.
Since 2004 the State of Georgia has been a fully controlled entity of the GOP
At the federal level the DNC had a slight advantage in 2008, reversed in 2010
Nice try
td
June 13th, 2011
10:39 am
findog
June 13th, 2011
10:29 am
If I am not mistaken Barnes raised more money then Deal? I could be wrong but not by much if I am. This was not the premise of my question. If big business gives all the money to the GOP then who is the contributors to the DNC? You or any other Democrat can break it down Federal and State if you like, I am just asking a question.
David Meadows
June 13th, 2011
10:41 am
The new car tags should change from The Peach State to The Billboard State!
Just a billboard... Geez!!
June 13th, 2011
10:43 am
With all the billboards already across the area and the buses with ads everywhere what is the big deal? Every store has ads everywhere, there are even cars that now have ads on them. Every time you turn on the tv there are ads. Get over yourselves!
Ricardo
June 13th, 2011
10:49 am
How about erecting a billboard in front of the judges house?
Jon Lester
June 13th, 2011
10:52 am
I wish they would at least wait for timber prices to improve, so these local communities will get something of value back from trees cleared from the right-of-way.
GA Boy 208
June 13th, 2011
10:53 am
td,
I’m not 100% sure, but I would be willing to bet that Democrats get a much larger portion of their funds from private taxpayers than Republicans do, percentage wise.
JB
June 13th, 2011
11:00 am
“View from Midtown—Fulton County has been controlled by left wing political hacks from the DEMOCRAP party for decades. Get your head out of our posterior orifice.”
Ahem – did you not notice that the STATE Supreme Court made this ruling? Based on STATE law, in a state that has been long run by Republicans? It was the “left wing political hacks” of the county whose anti-billboard ordinance was struck down by the STATE.
Man, this is too easy sometimes…
Anthony Wiener
June 13th, 2011
11:17 am
North Fulton needs to secede now. Let South Fulton try and run themselves and stop reaching into our pockets for funding.
Call it like it is
June 13th, 2011
11:40 am
Its a Georgia thing. Our leaders have been bought and paid for by these guys. There eye sores and enough is enough. Just got back from Park City Utah, didnt see a single billboard. As soon as I cross the state line into Wyo, felt like I was back in Ga. Boards everywhere. You dont realize how ugly they are until you go to a state that doesnt have them.
Road Scholar
June 13th, 2011
11:52 am
I just hope that they do not limit the tackiness of the messages and the sexually explicit pictures!
Big hat
June 13th, 2011
12:07 pm
Corporations are better than people and have more rights than people; the U.S. Supreme Court said so.
Question Man
June 13th, 2011
12:30 pm
Isn’t Georgia fast becoming the ugliest state in the U.S.? Why is it that we are blessed with abundant and beautiful natural resource but cursed with short-sighted, greedy business and political leaders?
Smokey
June 13th, 2011
12:34 pm
Look on the bright side, the Johns Creek cops can hide behind the new billboards and snag even more perps a la Buford T. Justice.
Kevin H
June 13th, 2011
12:55 pm
@ Anthony Wiener: If South Fulton has been reaching so much into N Fulton’s pockets, why is every county-related facility and road in NF better than anything in SF. We only get crap from the county, and everyone up north thinks we’re living high off their hog. Compare your state highways, county roads former Fulton parks, etc. to ours. Unfortunately, no one if NF knows the truth because they are afraid of all the minorities and gays on the Southside. Life is great down here, even without all the county funds people think we are getting.
Alberto
June 13th, 2011
1:32 pm
I’m a advertising mascot and I would love the chance to promote someones ad. Albertothebrandmascot.com
Pericles
June 13th, 2011
3:11 pm
It’s not about partisanship, big business vs. individuals, or North Fulton vs. South Fulton. It’s not even about billboards. The central theme in this ruling (which you would know, if any of you nimrods bothered to read it) is this: In the absence of a constitutionally-sound law to restrict the free use of property, our system of jurisprudence FAVORS the free use of property. It doesn’t matter if the property is used to construct a billboard or a park, a house or business, or a church or a porn store. This ruling isn’t so much a victory for billboards as it is a victory for property rights.
Alabama Communist
June 13th, 2011
6:52 pm
No doubt the Billboard industry first client will be Congressman Weener ‘Weener” will be in those Republican strongholds showing who rules with a Iron Rod for the 1 st amendent
Michael
June 14th, 2011
6:52 am
The thing that gets me here are the onerous rules imposed on businesses and churches by cities such as John Creek on signage. Yet, big @ss billboards get free reign. This is really messed up.
Greg Johnson
June 16th, 2011
10:18 am
This has nothing to do with free speech or property rights, it’s only about $.
Something is terribly wrong when a community of citizens have no say in how their own community looks.
I get it for when you are driving on a interstate, but not in and around our homes.