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Lamar Advertising of Penn LLC, Reading, said the zoning hearing board's determination that a billboard should not be higher than 25 feet or larger than 300 square feet is legally wrong.
"The practical effect of such size and height limitations imposed by the Zoning Hearing Board's Second Decision is to effectively prohibit and exclude off-site advertising on the Property," the lawsuit reads in part.
Lamar asked the court to order the board to reverse its decision to the extent that it imposes those size restrictions.
Lamar said the restrictions imposed by the board are not supported by any evidence on the record and amount to a denial of the relief it sought.
"Any conditions imposed ... must be reasonable and must find support in the record warranting the imposition of such conditions; otherwise the imposition of conditions constitutes an abuse of discretion" under state law, according to Lamar's appeal.
Last week's appeal represents the second time Lamar asked for such relief.
In 2006, the board denied Lamar's initial request, but county Judge D. Michael Stine on March 23 returned the case to the board for further consideration in light of changes in state law.
To see more of the Republican & Herald or to subscribe to the newspaper, go to http://www.republicanherald.com. Copyright (c) 2009, Republican and Herald, Pottsville, Pa. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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