Nederland couple files suit to have billboard removed from property

David Yates Apr. 22, 2008, 6:34am

As the Lamar Advertising slogan says, "you can drive away but you can't turn us off." According to some Nederland property owners, you can't get them off your property once they put up a billboard either.

The owners of Daviss Donuts, Chad and Lori LaBove, have filed suit against Lamar Advertising, claiming the company erected a billboard on their property without permission and refuses to tear it down.

The suit was filed on April 17 in the Jefferson County District Court.

According to the couples' petition, the LaBoves own Daviss Donuts in Nederland, where Lamar Advertising erected and placed a large billboard sign.

"Plaintiffs have made numerous requests upon Defendant to furnish proof that Defendant has or had any legitimate authorization � with any record title owner to erect a large sign," the suit says.

"Defendant not only has failed to produce any such proof, they have failed to respond whatsoever, which is very telling."

The couple made a written demand for removal of the sign, explaining the trespass and the location where the sign was erected, the suit says.

"Not only did the Defendant fail to remove the sign or attempt to obtain permission from Plaintiffs for the use or maintenance of the sign within 30 days of said notice, Defendant has failed to respond or contact Plaintiffs either within 30 days of said notice or at any time thereafter. Plaintiffs cannot get Defendant's attention."

The LaBoves claim Lamar Advertising has illegally and improperly appropriated land belonging to them and are seeking recovery of the reasonable value of the use of this portion of land, as well as loss of usable parking space caused by the sign's placement.

The couple is represented by attorney Gerald Eddins of the Eddins & Bennett Law Firm.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D181-612

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