Legal Opinion
State v. BOARD OF ADJUSTMENT OF THE CITY OF BRANSON, MISSOURI
Missouri Court of Appeals
Decided November 19, 2014No. SD33271PublishedCited by 1 opinion
1Opinion of the CourtDaniel 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. 1 We affirm the circuit court’s judgment in Cushman’s favor.
Background
Relevant facts are not in dispute. Bran-son 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…
2Cases cited8 opinions
- Citizens for Rural Preservation, Inc. v. RobinettMissouri Court of Appeals · 1983
- Stephen & Stephen Properties, Inc. v. State Tax Com'nSupreme Court of Missouri · 1973
- Coots v. J. A. Tobin Construction Co.Missouri Court of Appeals · 1982
- Rice v. Board of AdjustmentMissouri Court of Appeals · 1991
- State ex rel. Dierberg v. Board of Zoning Adjustment of St. Charles CountyMissouri Court of Appeals · 1994
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3Cited by1 opinion
- EMERALD POINTE, LLC v. TANEY COUNTY PLANNING COMMISSION and TANEY COUNTY BOARD OF ADJUSTMENT, Defendants-RespondentsMissouri Court of Appeals · 2021