2007

Adams Outdoor Adver., L.P. v. Bd. of Zoning Appeals

Supreme Court of Virginia

274 Va. 189, 645 S.E.2d 271

City of Virginia Beach enacted an ordinance in 1988 prohibiting erection of billboards within City limits. No non-conforming existing billboard could be altered or enlarged unless it was brought into compliance with the ordinance. In 2004, City informed Adams that its pre-existing billboard was to be removed, as it had been altered or enlarged by the addition of a 3,500 pound electronic message board. Board of Zoning Appeals upheld that order, and matter was taken to circuit court. By the time circuit court heard the matter, the electronic message board had been removed, and Adams asserted that the entre billboard could not be removed without just compensation by Va. Code § 33.1-370(E). Trial court upheld the Board’s findings. Supreme Court affirmed, holding that it was an impermissible alteration of the non-conforming billboard and the result was the entire sign must be removed as required by the ordinance.

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