The East Norriton Zoning Hearing Board told an out–of–state billboard company that, per its billboard ordinance, it could not construct three billboards throughout the state. The company has fired back by entering a lawsuit in Montgomery County Common Pleas Court, challenging the validity of the ordinance. The whole matter has sprouted into a legal matter over commercial real estate.
The company claims that they should have the right to erect the billboards because they have a leasing agreement in place with the parties that own the property. Still, the zoning board said in its decision that those leases were either not in place or had expired by the time the company entered their zoning application.
The issue surrounded the legality of the leases. The zoning board claimed that the company officials that signed the lease agreement with the property owners may not have had the authority to do so, putting the legality of the lease in question.
Because of these legal issues, the company has not proven itself as the landowner in this case, therefore, could not go through with building the billboards at their preferred locations.
In the lawsuit, though, the company said that those claims are “erroneous” and that the zoning board did not have the authority to determine the legality of the leases. After furnishing documents that prove the lease agreement was in place with the property owners, the company is asking that the court reverse the zoning board’s decision.
Legal issues over property rights are fairly common. Property owners must equip themselves with professionals that are knowledgeable in the arena of property law. Taking on the right strategy in these situations can save a property owner time and money, while protecting their investment.
Source: montgomerynews.com, “Billboard company appeals zoning denial in Montgomery County Court of Common Pleas” Cart Rotenberg, Apr. 25, 2013