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Judge Stanley sides with McMinnville in sign lawsuit
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Chancery Court Judge Bart Stanley sided with the city of McMinnville and against Roland Advertising in its lawsuit against the municipality over signs.
Roland Advertising, owned by Dave Roland, filed two cases against the city claiming the city has “caused and is causing irreparable harm to Roland for which Roland has no adequate remedy at law” for not allowing the business to place digital billboards here.
The company asked Stanley to determine if the city dismissed Roland’s requests without due consideration. Stanley says the city did not.
“The court finds that there is sufficient material evidence to support the findings for the board to rule as they did,” he said. “The board’s decisions were neither arbitrary nor capricious, were supported by material evidence, and were not illegal.”
Roland Advertising, called the plaintiff, requested monetary damages of $25,000, while the city asked the request to be denied.
Stanley sided with the city.
“Plaintiff’s request for monetary damages of $25,000 is denied and the defendant’s motion for summary judgment is granted,” said Stanley. “The city of McMinnville has immunity in accordance with the Government Tort Liability Act, TCA 29-20-205.”
The city also filed a request to dismiss the action claiming the business exceeded the statute of limitations to file a case. Stanley agreed and granted the city’s request.
“The date of the decisions of the McMinnville Board of Zoning Appeals, which were announced in the presence of the plaintiff and his attorney, was the effective date for the denial. The 60-day statute of limitations for writ of certiorari started from the date of the decisions. Therefore the defendant’s motions to dismiss are granted.”
The case stems from two attempts by Roland Advertising to place 300-foot digital billboards, one at the intersection of Smithville Highway and the bypass, and one on the corner of Walker Street and N. Chancery Street. Both requests were denied by the city.