Acadiana Business

LCG prevails in sign fight

by Walter Pierce

Lafayette Consolidated Government was the victor at the 3rd Circuit Court of Appeal in a suit brought against it by a billboard company that argued new(ish) zoning regulations prevented it from making good on a contract.

Lafayette Consolidated Government was the victor at the 3rd Circuit Court of Appeal in a suit brought against it by a billboard company that argued new(ish) zoning regulations prevented it from making good on a contract.

Bass Custom Signs sued LCG after the Board of Zoning Adjustment, a volunteer board that hears appeals from businesses and residents over zoning regulations, declined to allow Bass to obtain the necessary permits for a $120,000 contract with Lafayette Shooters, Wilderness & Western Wear for a modification to its sign on Ambassador Caffery Parkway. Bass filed suit in Lafayette district court, but the court granted an exception of no right of action - legalese for Bass not having standing to bring suit - and dismissed Bass' claim.

The company appealed and the 3rd Circuit in a 2-1 ruling found that Bass isn't a "person aggrieved" and has no standing to sue LCG; that's a right reserved to the owners of Lafayette Shooters:

The res nova issue before us is whether a contractor prevented from performing a contract because of the decision of the Board of Zoning Adjustment has standing to bring the suit. We find that it does not. We interpret the term "a person aggrieved" to require that the person have a proprietary interest in immovable property subject to the zoning ordinance or variance at issue, or in immovable property affected by the ordinance or variance, in order to challenge a decision of the Board of Zoning Adjustment in district court. Under the scheme of zoning legislation in place in Lafayette, Bass Custom Signs is not "a person aggrieved" of the decision of the Board of Zoning Adjustment. It may be impacted by the landowner's decision not to modify the sign so that is consistent with the zoning ordinances now in place, but that does not confer standing to challenge the decision of the Board of Zoning Adjustment in the courts.

Judges Elizabeth A. Pickett and Phyllis Keaty sided with LCG; Judge James Genovese dissented. Read their opinions here.