312 Ga. App. 882
Ga. Ct. App.2011Background
- Eagle West, LLC sought DOT permits to erect outdoor signs along I-95 near Horse Stamp Church Road in Camden County; DOT denied due to 500-foot blocked-out zone around an interchange.
- ALJ ruled for Eagle West, interpreting OCGA 32-6-75(a)(18) as applying only to existing interchanges, not proposed plans.
- DOT final agency decision held the interchange was nearly completed and thus within the blocked-out zone, denying permits.
- Superior Court affirmed the final agency decision with a broader rule that DOT may deny permits once an interchange location is publicly announced.
- Eagle West sought discretionary review; issues center on statutory scope of the blocked-out zone and the agency’s interpretive process,
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA 32-6-75(a)(18) bar signs within 500 feet of an interchange, including future/interchange | Eagle West argues the provision forbids only existing interchanges | DOT contends the term encompasses progressing/interchange in planning | Yes; DOT may apply to progressing interchange |
| Should 'interchange' be read as existing or broader in pari materia with related statutes | Interchange must be existing to trigger the rule | Interchange must be considered in the broader statutory scheme | Interchange can be broader; not limited to existing interchanges |
| What is the appropriate standard of judicial review for DOT permit decisions | Challenge based on statutory interpretation and lack of authority | Review is de novo for law; substantial evidence for fact findings | Court reviews law de novo and facts for substantial evidence |
Key Cases Cited
- Fulton County v. Davidson, 253 Ga. 734 (325 SE2d 135) (1985) (Ga. 1985) (context of rights-of-way and public policy in road planning)
- Walker v. Dept. of Transp., 279 Ga. App. 287, 293 (SE2d 878) (Ga. App. 2006) (DOT regulation of outdoor advertising; statutory interpretation context)
- Nat. Advertising Co. v. Ga. Dept. of Transp., 149 Ga. App. 334, 338 (254 SE2d 571) (Ga. App. 1979) (historical 500-foot barred zone; vested-right considerations)
- The Lamar Co. LLC v. Whiteway Neon-Ad, 303 Ga. App. 495, 693 SE2d 848 (Ga. App. 2010) (DOT regulation of outdoor advertising; DOT as regulatory authority)
- City of LaGrange v. Ga. Public Svc. Comm., 296 Ga. App. 615, 675 SE2d 525 (Ga. App. 2009) (statutory construction in public transportation context)