Dakota Outdoor Advertising, Inc. v. City of Bismarck

Dakota Outdoor Advertising, LLC ("Dakota") appealed the district court's order affirming the Bismarck Board of Commissioner's ("Board") decision affirming the Bismarck Planning and Zoning Commission's ("Commission") denial of an application for a special use permit. City of Bismarck ordinances regulating placement of digital billboards were changed since the district court entered judgment in this case. Section 14-03-08(3)(b)(2)(j) no longer included a provision for obtaining a special use permit for a digital billboard at a distance of less than 300 feet from a residential area. The current provisions governing siting of digital billboards would no longer permit Dakota to obtain a special use permit for the proposed site. The Board argued this appeal was now made moot. After review, the Supreme Court did not find this appeal was moot, but also found that the Board's decision to deny the special use permit was not arbitrary, capricious, or unreasonable. Accordingly, the Court affirmed the district court's order affirming the Board's decision to deny the special use permit. View "Dakota Outdoor Advertising, Inc. v. City of Bismarck" on Justia Law