Dealing Adams Outdoor Advertising its second loss of the day on Tuesday, a Dane County judge sided with Fitchburg and said the city acted properly when it denied Adams a permit two years ago to install a digital billboard along McKee Road.
Circuit Judge Rhonda Lanford wrote that the Fitchburg City Council, in upholding a decision made by the city zoning administrator, reasonably interpreted a city ordinance barring flashing, alternating, rotating or swinging signs when it denied Adams a permit to install a digital sign next to the bridge that carries the Cannonball bike path over McKee Road near Verona Road.
Adams applied for a permit in 2014 to replace a current conventional billboard with a digital sign after the bridge was built, which obstructed the view of the billboard to eastbound traffic on McKee Road. The permit was denied in June 2014, and that denial was upheld by the City Council three months later.
Adams has filed a separate lawsuit against Fitchburg alleging that Adams was economically harmed by the bridge blocking its sign. That lawsuit, assigned to Circuit Judge John Markson, is currently on hold.
Lanford wrote that the decision not to grant a permit for the digital sign was not made unreasonably and was in accordance with the city’s sign ordinance, which was created to prevent driver distractions. She also wrote that Adams had not proven that the decision by the city council was tainted by the bias of its members.
Also on Tuesday, Circuit Judge Frank Remington dismissed a lawsuit brought by Adams against Dane County which alleged that County Board members acted improperly when considering the extension of a lease of land for three long-standing billboards along Aberg Avenue on Madison’s North Side.