Billboard company's 90-foot towers prohibited

By The Associated Press

06.04.01

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(Editor's note: U.S. District Judge Alan Nevas ruled against Granite State Outdoor Advertising on Aug. 1, and issued summary judgment in favor of the city of Bridgeport and the state Department of Transportation.)

BRIDGEPORT, Conn. — A federal judge has denied a billboard company's request to build two 90-foot towers along Interstate 95 in Stamford.

Last June, the city rejected an application by Granite State Outdoor Advertising to erect two 10-story towers with 48-by-14-foot billboards, saying zoning regulations forbid them.

Granite State sued Stamford in federal court, claiming the city's regulations violated the First Amendment and other constitutional guarantees.

U.S. District Court Judge Alan Nevas ruled on May 31 on a request for a preliminary injunction that, if granted, would have allowed Granite State to proceed with the billboards immediately.

"Round one goes to us," Mayor Dannel Malloy said after the decision in Nevas' Bridgeport courtroom.

Nevas ruled that Granite State's request for an injunction was moot because the city updated its sign regulations this year, said Andrew McDonald, the city's director of legal affairs. The company based its request for an injunction on prior regulations.

"The judge could not order that Stamford permit a use under regulations that no longer exist," McDonald said.

McDonald said the ruling could have consequences for other municipalities that are facing legal challenges from Granite State, including Orange and Milford.

The state Department of Transportation entered the case as a defendant. Attorney General Richard Blumenthal, who argued the case for the state, welcomed the victory, saying it would help other towns and cities in Connecticut.

"There is no constitutional right to impose traffic hazards and visual blight on local communities," Blumenthal said.

The next hearing is scheduled for July 30.

Update

Appeals court sides with Stamford in billboard dispute
Constitution does not give advertisers the right to erect giant billboards along interstate highway, federal court holds.  06.30.02