Lamar Advertising Co. v. City of Orange Beach Board of Adjustment

MONROE, Judge.

In July 1999, Lamar Advertising Company, Inc. (“Lamar Advertising”), sued the City of Orange Beach Board of Adjustment (“the Board”), challenging the constitutionality of Zoning Ordinance No. 172, which Orange Beach had adopted in April 1991. Lamar Advertising alleged that the ordinance fails to adequately define significant terms; that it is unconstitutionally vague, overbroad, ambiguous, and arbitrary; and that the arbitrary and capricious enforcement of the ordinance deprives Lamar Advertising of its constitutionally protected property rights.

After conducting a trial, the…