Supreme Court Orders Removal of Billboard in Orange Beach

R. Ken Cooper • May 23, 2024

Supreme Court Reverses Lower Court in Orange Beach Billboard Case

Supreme Court Reverses Lower Court in Orange Beach Billboard Case

Orange Beach, Ala. – (OBA) –  In a decision on May 17, 2024, the Alabama Supreme Court reversed a Baldwin Circuit Court ruling, enforcing consent decrees related to a longstanding dispute between the City of Orange Beach and The Lamar Companies over billboard signage. The ruling, issued on May 17th mandates the removal of a non-conforming billboard that has remained despite previous agreements.


Background of the Case

The conflict began in 1991 when Orange Beach enacted a zoning ordinance that regulated off-premises signs, including billboards. Lamar had already erected four billboards along the beach highway before this ordinance. According to Section 15.0403 of the ordinance, these billboards were classified as non-conforming and were subject to specific maintenance restrictions and eventual removal if deemed dilapidated or structurally unsound.


In 2007, the city inspector declared the four billboards in disrepair, prompting Orange Beach to order their removal. Lamar appealed this determination to the city's Board of Adjustment and subsequently to the Baldwin Circuit Court, arguing that the ordinance violated constitutional provisions regarding vagueness, due process, and equal protection. Additionally, Lamar alleged selective enforcement by the city.


Settlement and Consent Decrees

After years of litigation and a successful mediation in 2010, both parties agreed to a settlement. The terms, formalized in consent decrees, stipulated that three of the billboards would be removed, while the fourth, identified as Billboard C, could remain for 12 years under specific conditions. These decrees were issued by Judges J. Langford Floyd and Robert E. Wilters in 2011.


Recent Developments

The 12-year term for Billboard C expired on April 8, 2023. Despite reminders and final notices from Orange Beach, Lamar did not remove the billboard. In response, Lamar filed a motion to enjoin the city from enforcing the removal, citing selective enforcement and changes in circumstances since the decrees.


Orange Beach countered with a motion to enforce the consent decrees and find Lamar in contempt. The Baldwin Circuit Court, presided over by Judge J. Clark Stankoski, denied the city's motion without explanation, prompting Orange Beach to appeal.


Supreme Court Ruling

The Alabama Supreme Court, applying a de novo standard of review, ruled in favor of Orange Beach. The court emphasized that the terms of the consent decrees were clear and unambiguous: Billboard C was to be removed 12 years after the issuance of the permit. The court found no legal basis for Lamar's arguments regarding selective enforcement and changes in circumstances, noting that these issues should have been addressed in a new action rather than as part of the original settled case.


Justice Mendheim, writing for the court, stated that the circuit court erred in not enforcing the decrees. The ruling mandates the immediate removal of Billboard C in compliance with the original settlement.


The City of Orange Beach and The Lamar Companies have yet to issue statements regarding the ruling.

Share this article w/ Friends...

Orange Beach Library
By OBA Staff December 7, 2025
Orange Beach, Ala. — (OBA) — The American Heart Association has launched a new health program at the Orange Beach Public Library. The initiative is called Libraries with Heart and is designed to help residents monitor their blood pressure at home. Community partners say the effort will give people easier access to...
Gulf Shores Shifts Business License Renewals To Email Only
By OBA Staff December 7, 2025
Gulf Shores, Ala. — (OBA) — Starting this December, the city will no longer send business and rental license renewal forms through traditional U.S. mail. Instead, all renewal forms will be delivered only by email. City officials say the change is meant to be more efficient. They also hope it will save money and...
New Foley Library Frees Space For Senior Center
By OBA Staff December 7, 2025
Foley, Ala. — (OBA) — City leaders in Foley are planning major changes to the current public library building. The work is meant to improve access for older adults and people with disabilities. The building will later become the city’s Senior Center. The plans are tied to the construction of a new library.
Gulf Shores Pedestrian Bridge Construction Continues On Schedule
By OBA Staff December 7, 2025
Gulf Shores, Ala. — (OBA) — Construction on the City of Gulf Shores Pedestrian Bridge is moving forward on schedule, with steady work visible on both sides of the project. Crews are working on the bridge structure as well as nearby parking and streetscape improvements. City officials say the work is designed to...
Orange Beach Finance Dept.
By OBA Staff December 6, 2025
Orange Beach, Ala. — (OBA) — The City of Orange Beach has launched a new online portal for business licenses and related applications. The system uses OpenGov Permitting & Licensing. City leaders say it will cut paperwork, save time and money. They expect faster decisions for businesses and residents.
New State Guidance Shifts Baldwin County School Counseling Procedures
By OBA Staff December 6, 2025
Robertsdale, Ala. — (OBA) — Baldwin County Public Schools Superintendent Eddie Tyler has notified parents about an important change to counseling consent rules. He said he usually shares policy updates in his back‑to‑school email each August, but this situation is different. The district began the year collecting...
City of South Baldwin Hospital Artist's Rendering
By OBA Staff December 6, 2025
Foley, Ala. — (OBA) — Foley officials are adding new traffic control near the city’s hospital as services and patient numbers continue to grow. The city plans to change an existing intersection to better handle the heavier traffic. Leaders say the change is meant to improve safety as well as traffic flow. Residents...
Orange Beach Recreation Campus Gets Major Upgrades
By John Mullen December 5, 2025
Orange Beach, Ala. – (OBA) – Plans continue in Orange Beach to make improvements to the recreation campus in the northwest intersection of Canal Road and Wilson Boulevard. Pickleball courts and expanded parking are already underway and, work has begun on Contorno Park on the western edge of the campus. Next on the...
Rising Food Costs And Seasonal Employment Dip Create Urgent Need
By OBA Staff December 5, 2025
Gulf Shores, Ala. — (OBA) — Local musicians are joining forces to help struggling families in lower Baldwin County through a benefit concert. The event aims to raise funds and collect food donations for the Christian Service Center. Six musical acts will perform at the fundraiser called Pantry Stock.
Perdido Beach Resort
By OBA Staff December 4, 2025
Orange Beach, Ala. — (OBA) — According to Hotel Business, an Alabama-based investor group has purchased Perdido Beach Resort in Orange Beach. The new owners say the popular Gulf Coast property will remain under local leadership. They also say they are committed to its long-term future. The resort has served families...
Show More