City Settles Billboard Claim

Screen Shot 2016-08-02 at 8.11.38 AMThe city of Port Orchard, WA will be paying $250,000 to the owner of a Gig Harbor advertising company to resolve a six-year legal battle. The Kitsap Sun reports the proposed settlement on a dispute that goes back to 2011.

Rick Engley of Gotcha Covered Media, claimed the city in 2010 wrongfully delayed issuing him a permit for eight billboards within city limits. Engley sued the city and prevailed.

Engley then filed another suit for damages and violation of his civil rights. Through recent mediation, he settled with the city, and the case was dismissed last week.

Following resolution of his first claim, Engley obtained permits for six of the eight billboards but he sold five of them for a total of $500,000 to pay his attorney fees, according to court documents. His attorney William Crittenden said Engley’s lost revenue and legal fees total roughly $400,000.

The settlement does not amount to an admission of liability on the city’s part, according to the document to which Engley agreed July 20.

The legal dispute originally centered on whether Engley’s permit applications vested before the city imposed a ban on billboards. Engley’s initial applications were turned down by the city’s development department. Engley appealed the department’s decision. The city and he disputed whether he met the 14-day deadline for appeal. Meanwhile, the city enacted an ordinance banning billboards. In September 2012, U.S. District Court Judge Benjamin Settle sided with Engley. The city had to process Engley’s applications, which were grandfathered in despite the ban, the judge said.

 


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