State v. Hartrampf, 273 Ga. 522

Summary

The Supreme Court of Georgia affirmed the trial court's grant of a special demurrer in favor of Jack Hartrampf and Action Outdoor Advertising, LLC, which had been charged with violations of Cobb County's sign ordinances. The court held that the ordinance could not operate to remove or prohibit repair of a nonconforming outdoor advertising sign without compensation, because that conflicted with OCGA § 32-6-83. The court also upheld findings concerning the sign's ownership, its condition after tornado damage, and the absence of a need for a repair permit.

Holdings

1. A local ordinance may not operate to remove a lawfully erected nonconforming outdoor advertising sign, including one affected by changed conditions beyond the owner's control, without payment of just compensation when OCGA § 32-6-83 prohibits such removal without compensation.
2. The County ordinance was inapplicable because its proposed application would have accomplished a removal that OCGA § 32-6-83 forbids without compensation.

Questions Presented

1. Whether Cobb County Sign Ordinance § 134-346 could prohibit repair or require removal of a lawfully erected nonconforming outdoor advertising sign without payment of just compensation, notwithstanding OCGA § 32-6-83.
2. Whether the State's criminal accusations were properly resolved by a special demurrer where the ordinance, as applied, conflicted with state law.
3. Whether Action Outdoor was the proper party to challenge the County's enforcement action and whether the sign was destroyed or toppled within the meaning of the ordinance.

Disposition

affirmed