Insider has been reporting on a lawsuit filed in 2012 by Epic Outdoor in response to a revision to an existing Rapid City, South Dakota sign ordinance.  The revision created new size and spacing requirements as well as preventing outdoor companies from constructing any new digital billboards.

Earlier this year, Epic and the City had negotiated a settlement which the City Council was required to ratify. Scenic Rapid City was vocal in the process stating that if the settlement was approved by the city council it would lead to future lawsuits.  The City Council chose to postpone their vote.

Epic Outdoor responded by filing a motion with the Seventh Circuit Court. Tuesday, the Circuit Judge ruled that Rapid City’s Zoning Board had jurisdiction over the matter, but they overstepped its authority by retroactively applying a zoning regulation to a use that was previously considered lawful.  That means, for now, Epic Outdoor can operate their full motion digital signs which they built in 2005.

City Attorney Joel Landeen’s office issued a statement on the decision late Tuesday. He said the city will thoroughly review the court’s decision to determine it’s options in the case and consult with the city council for its decision on moving forward.

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