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LAMAR TENNESSEE v. BD. OF ZONING APPEALS

No. M2009-01456-COA-R3-CV.

336 S.W.3d 226 (2010)

LAMAR TENNESSEE, LLC d/b/a Lamar Advertising of Tennessee and TLC Properties, Inc. v. MURFREESBORO BOARD OF ZONING APPEALS and City of Murfreesboro, Tennessee.

Court of Appeals of Tennessee, Western Section, at Nashville.

April 30, 2010.

Petition to Rehear Denied May 21, 2010.

Permission to Appeal Denied by Supreme Court December 7, 2010.

Attorney(s) appearing for the Case

Lawrence P. Leibowitz and Jennifer L. Knapp , Knoxville, Tennessee, for the appellants, Lamar Tennessee, LLC d/b/a Lamar Advertising of Tennessee and TLC Properties, Inc.

David A. Ives , Susan Emery McGannon , and William E. Squires , Murfreesboro, Tennessee, for the appellees, Murfreesboro Board of Zoning Appeals and City of Murfreesboro, Tennessee.

OPINION

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and J. STEVEN STAFFORD, J., joined.

This appeal concerns a billboard permit. The petitioner billboard owner applied to the respondent city for a permit to tear down and replace a grandfathered billboard. The city granted a permit for an indirectly illuminated billboard. The owner then built a billboard with a digital display face. The city revoked the owner...

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