Out of Home Wins Legal Victory on “Standing”

Scenic Kentucky lost in court, again.

The highest court in Kentucky rejected Scenic Kentucky’s appeal in a long-running case involving the state’s regulation of digital billboards and vegetation control.  Essentially, the courts said the anti-billboard group lacked standing to sue.

Scenic Kentucky sued the Commonwealth after the legislature approved a regulatory framework in 2015 for digital billboards and vegetation control on public right of way.

Scenic Kentucky lost on standing.  The Commonwealth of Kentucky Court of Appeals (May 18, 2018) listed reasons why Scenic Kentucky board member Stephen Porter lacked standing:

  • Porter does not own property that would be affected
  • Porter’s claim about aesthetics and safety “is nothing more than speculation at this point and not the real and substantial type of injury required for standing.”
  • Being a taxpayer does not by itself create standing

Scenic Kentucky appealed to the Supreme Court of Kentucky, which issued a one-sentence order dated October 25: “The motion for review of the decision of the Court of Appeals is denied.”

The Outdoor Advertising Association of Kentucky intervened in this case; it was on the same side as the Kentucky Transportation Cabinet and Department of Highways (Scenic Kentucky v. Commonwealth of Kentucky).  Kentucky’s billboard association is represented by Guy Taft of Strauss Troy, Cincinnati, OH.

[wpforms id=”9787″]


Paid Advertisement

Print Friendly, PDF & Email

Comments are closed.