The Great Salisbury Billboard Race
A Massachusetts regulation stating that no two digital billboards may be erected within 1,000 feet of one another set up a race between competing billboard companies that owned abutting land.
Although the final approval for a billboard must come from the Commonwealth’s Department of Transportation Office of Outdoor Advertising (OOA), an applicant must first receive local zoning board approval before filing its OOA application. Clear Channel and Northvision both had special permit applications for their billboards pending before the Salisbury Zoning Board of Appeals simultaneously. That ZBA denied the application of the former, clearing the way for the latter’s billboard. Clear Channel Outdoor, Inc. v. ZBA of Salisbury, decided earlier this week, considered the plaintiff’s appeal of the denial of its special permit and of the grant of Northvision’s special permit.
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