ELEVATION OUTDOOR ADVERTISING, LLC v. CITY OF PIGEON FORGE, TENNESSEE - Articles

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ELEVATION OUTDOOR ADVERTISING, LLC v. CITY OF PIGEON FORGE, TENNESSEE

Posted by: Azya Thornton on May 30, 2025

Court: TN Court of Appeals

Attorneys 1: Michael R. Franz, Knoxville, Tennessee, for the appellant, Elevation Outdoor Advertising, LLC.

Attorneys 2: John T. Batson and Brian R. Bibb, Knoxville, Tennessee, for the appellee, City of Pigeon Forge, Tennessee.

Judge(s): FRIERSON

The plaintiff, Elevation Outdoor Advertising, LLC (“Elevation”), submitted six applications for billboard sign permits to the defendant, the City of Pigeon Forge, Tennessee (“the City”), and all six were denied by the City’s Planning Commission. In this action, Elevation sought a judgment (1) declaring the City’s former sign regulation ordinance and temporary moratorium on sign permits void and unenforceable, (2) declaring the City’s new sign regulation ordinance inapplicable, and (3) compelling the City by injunction or writ of mandamus to issue permits for Elevation’s proposed signs. Upon the City’s motion to dismiss, the trial court dismissed Elevation’s complaint with prejudice. The trial court determined that the proper relief for Elevation would have been via common law certiorari review, for which Elevation had not met the procedural requirements of timeliness and filing under oath. Elevation has appealed. Upon careful review, we determine that Elevation’s complaint properly stated a claim for declaratory judgment rather than writ of certiorari. We therefore reverse the trial court’s dismissal of Elevation’s complaint and remand for further proceedings consistent with this Opinion.

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