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State ex rel. Cushman Properties, LLC v. Board of Adjustment of City of Branson
Court of Appeals of Missouri, Southern District, First Division
November 19, 2014
THE STATE OF MISSOURI, ex rel., CUSHMAN PROPERTIES, LLC, and, CUSHMAN REAL ESTATE MANAGEMENT, LLC, Respondents,
BOARD OF ADJUSTMENT OF THE CITY OF BRANSON, MISSOURI, Appellant
APPEAL fro THE CIRCUIT COURT OF TANEY COUNTY. Honorable Mark E. Orr, Judge.
For Appellant's: Robert H. Handley.
For Respondents': Richard T. Ashe.
DANIEL E. SCOTT, J. -- OPINION AUTHOR. JEFFREY W. BATES, J. -- CONCURS. ROBERT S. BARNEY, SR. J. -- CONCURS.
DANIEL E. SCOTT, J.
Citing § 70-17 of the city's sign code, Branson's Board of Adjustment denied Cushman's request to upgrade a backlit billboard to a digital sign face. Upon judicial review, the circuit court reversed and ordered the Board to grant the request. The Board appeals. We affirm the circuit court's judgment in Cushman's favor.
Relevant facts are not in dispute. Branson adopted a sign code (" Code" ) that restricted " off-premise" signs; i.e., those promoting something not offered or sold at the premises where the sign is located.
Cushman's off-premise sign predated the Code, which treats such signs as " legal nonconforming" :
o " nonconforming" -- the sign lawfully existed before the Code limited off-premise ...