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New Grant of Interlocutory Application in a Civil Case

August 3, 2010

The Supreme Court of Georgia granted an additional interlocutory application on July 30, 2010 as the Court headed into its August recess.

S10I1606. FULTON COUNTY et al. v. ACTION OUTDOOR ADVERTISING JV, LLC et al.

This case originated from decisions made by the Fulton County Board of Zoning Appeals denying sign permit applications to place billboards on land in Fulton County.  The advertisers challenged the decision in Superior Court, and that court later found portions of the sign ordinance unconstitutional.  The Georgia Supreme Court affirmed the ruling.  Additional advertisers sought to construct signs, and joined in the present litigation.  Faced with six cross-motions for summary judgment, the trial court granted partial summary judgment to the advertisers, relying on language in the Supreme Court’s previous decision related to the scope of the unconstitutionality of the sign ordinance.

The county applied for interlocutory appeal and the advertisers responded.

On July 30, 2010, the Supreme Court granted the petition for interlocutory appeal in a 6-1 vote (Thompson dissenting) to review the following issue:

  1. Whether the trial court erred when it granted plaintiffs’ motions for partial summary judgment and ordered defendants and intervenors to permit plaintiffs to construct their signs.
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