In a recent decision the Alabama Supreme Court reversed a Baldwin Circuit Court ruling, enforcing consent decrees related to a longstanding dispute between the City of Orange Beach and The Lamar Companies over billboard signage. The ruling mandates the removal of a non-conforming billboard that has remained despite previous agreements.

Background of the Case

The conflict began in 1991 when Orange Beach enacted a zoning ordinance that regulated off-premises signs, including billboards. Lamar had already erected four billboards along the beach highway before this ordinance. According to Section 15.0403 of the ordinance, these billboards were classified as non-conforming and were subject to specific maintenance restrictions and eventual removal if deemed dilapidated or structurally unsound.

In 2007, the city inspector declared the four billboards in disrepair, prompting Orange Beach to order their removal. Lamar appealed this determination to the city's Board of Adjustment and subsequently to the Baldwin Circuit Court, arguing that the ordinance violated constitutional provisions regarding vagueness, due process, and equal protection. Additionally, Lamar alleged selective enforcement by the city.

Settlement and Consent Decrees

After years of litigation and a successful mediation in 2010, both parties agreed to a settlement. The terms, formalized in consent decrees, stipulated that three of the billboards would be removed, while the fourth, identified as Billboard C, could remain for 12 years under specific conditions. These decrees were issued by Judges J. Langford Floyd and Robert E. Wilters in 2011.

Recent Developments

The 12-year term for Billboard C expired on April 8, 2023. Despite reminders and final notices from Orange Beach, Lamar did not remove the billboard. In response, Lamar filed a motion to enjoin the city from enforcing the removal, citing selective enforcement and changes in circumstances since the decrees.

Orange Beach countered with a motion to enforce the consent decrees and find Lamar in contempt. The Baldwin Circuit Court, presided over by Judge J. Clark Stankoski, denied the city's motion without explanation, prompting Orange Beach to appeal.

Supreme Court Ruling

The Alabama Supreme Court, applying a de novo standard of review, ruled in favor of Orange Beach. The court emphasized that the terms of the consent decrees were clear and unambiguous: Billboard C was to be removed 12 years after the issuance of the permit. The court found no legal basis for Lamar's arguments regarding selective enforcement and changes in circumstances, noting that these issues should have been addressed in a new action rather than as part of the original settled case.

Justice Mendheim, writing for the court, stated that the circuit court erred in not enforcing the decrees. The ruling mandates the immediate removal of Billboard C in compliance with the original settlement.

The City of Orange Beach and The Lamar Companies have yet to issue statements regarding the ruling.