SOUTHEAST TEXAS RECORD

A billboard firm has sued Galveston's city government and zoning board in a advertising-related matter.

Outfront Media filed a lawsuit March 12 in Galveston County District Court against the city of Galveston, the Galveston Zoning Board of Adjustment and David Ewald, requesting a verified plea for petition of writ of certiori.

According to the complaint, Outfront Media operates billboards throughout the nation, and after After Hurricane Ike caused damage to seven of the plaintiff’s Galveston signs in fall 2008, the city of Galveston amended its code of ordinances regarding procedures for repairing storm-damaged billboards in spring 2009.

Unaware of code changes, Outfront applied to the city in October 2009 to repair signs on Broadway and Harborside under terms of the previous (non-updated) regulations, alleging it was not advised of the update. Only when the request was denied in January 2010 was the plaintiff informed of code changes, according to the lawsuit.

Over the next several months, the applications remained in dispute despite requests to resolve the matter with specific controversy centered on cost estimate regulations and the required proportion of new versus re-used materials, according to the complaint. The suit alleges the amended code is vague, fails to notify applicants properly and violates their right to due process. Outfront Media alleges negligence and bad faith.

Outfront Media seeks: a writ of certiorari to review the board’s decisions; a reversal of the decisions; declaratory damages; and injunctive relief to grant the billboard replacements; plus attorney fees, expenses and costs.

Outfront is represented by attorney Richard Rothfelder of Rothfelder & Falick in Houston.

Galveston County District Court case number 15-CV-0258.