RUTHERFORD MANAGEMENT CORP. v. TOWN OF COLUMBUS

GEER, Judge.

Plaintiff Rutherford Management Corp. ("RMC") filed a declaratory judgment action against the Town of Columbus ("the Town"), seeking an order establishing that a sign at its McDonald's Restaurant did not violate the Town's sign ordinance. The Town appeals from the trial court's order granting summary judgment in RMC's favor and directing the Town to permit RMC's sign. Based on our review of the ordinance, we hold that the trial court properly determined that RMC's sign, as currently operated, does not violate the sign ordinance. Because, however, the sign possesses features that…