Don’t let the best become the enemy of the good.  That’s the lesson of Lamar versus County of Los Angeles which was decided on 5/8/18  Here are the facts.

• In 1967 the Los Angeles County Department of Public Works granted Lamar’s predecessor a permit to construct a billboard in unincorporated Acton, CA.
• In 1995 Los Angeles County adopted an ordinance banning billboards in Acton and requiring non-conforming boards billboard owners to take down the non-conforming billboards or to secure a permit within 5 years.
• The five year period passed.  Lamar did not secure a permit and the County did not seek to remove the billboard.
• In 2008 a windstorm blew over the billboard face.  Lamar installed a new face, lateral supports, an electrical box, catwalk and lighting.
• In June 2009 the County issued an order for removal of the billboard.
• Lamar appealed the order and was granted the right to submit a non-conforming use review application.
• In November 2009 the County prepared a draft order approving Lamar’s non conforming use application provided that Lamar agree to remove the billboard in five years.  Lamar rejected the proposal.  The County made a revised proposal to approve Lamar’s application provided that Lamar pay $2,000 to compensate the County for inspections and indemnify the County for any action to annul the permit.  Lamar rejected the proposal and resumed an administrative repeal.
• In June 2014 the County determined that Lamar’s re-erection of the billboard was a new placement under the State’s outdoor advertising rules and rejected Lamar’s claim that placement of the new billboard was either customary maintenance or repairs to a partially destroyed and damaged structure.
• A trial court and the Court of Appeal for the 2nd District of California upheld the decision

Insider’s take:  Don’t let the best become the enemy of the good.  Maybe Lamar should have taken the county’s approval of a proposal to rebuild the billboard in exchange for a payment of $2,000.

Would you accept the County’s offer of $2,000 in exchange for approval of continuing non-conforming use?  Let Insider know using the form below.

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