Brookhaven residents aren’t happy about their newest neighbor – a billboard located at 3967 Peachtree Road.
But they might have to learn to live with it. DeKalb County officials and the company that owns the sign, Action Outdoor Advertising, say the billboard is legal. The billboard went up earlier in October.
The new location was approved as part of a consent agreement that resolved a lawsuit between the company and DeKalb County officials over the validity of the county’s sign ordinance, according to residents and company representatives.
The suit was settled in 2008 but was reopened in 2010 with new locations added, including the spot at 3967 Peachtree, according to county officials and residents.
Brookhaven resident and Ashford Park Civic Association member Jim Eyre said Brookhaven residents are unsure why the case was reopened in 2010.
“The question right now is who reopened the lawsuit or the settlement, why was it reopened and how did this new list of addresses get approved by DeKalb County,” Eyre said.
Brookhaven isn’t the only community fighting against billboards. The city of Sandy Springs has tried to discourage new billboards from going up along Roswell Road after a court ruling that gave sign companies the OK to move forward.
Andrew Baker, interim director of Planning and Sustainability for DeKalb County, said he did not know why new locations were added to the settlement. He said the county must respect the judge’s order. Baker said he’s received several calls from residents about the issue.
“I think if the court order says they have the choice of placing it at this address, then I’m following what the court order said,” Baker said.
Bill Draper, a member of the Brookhaven Peachtree Community Alliance board of directors — which initiated the Livable Communities Initiative overlay of the Brookhaven area — said the community zoning ordinance does not specifically address billboards.
“Zoning ordinances don’t tend to include information on billboards and we had been told by the county there was a moratorium on billboards anyway,” Draper said. “We already have four on Peachtree and we would hope there would be no other billboards. While the overlay itself does not prohibit billboards, it’s something we had hoped would not continue to develop along Peachtree.”
The BPCA has hired an attorney, Lisa Harper, who e-mailed a statement about the billboard.
“The amended consent order entered in July 2010, pursuant to which locations within the Brookhaven Peachtree District Overlay were added, was improperly entered by the court as the court lacked jurisdiction.”
David Flint, an attorney for Action Outdoor Advertising, said he’s uncertain why a controversy arose along with the new billboard. The company got the proper permits and DeKalb approved them.
When asked about the concerns residents have over the billboard, Flint said, “Beauty is in the eye of the beholder, I guess. I understand some people don’t like billboards. It’s lawful. It’s permitted. It’s a proper use of that property.”
