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...

Blue Angels Celebrate 80 Years of Precision and Pride Today
By OBA Staff April 24, 2026
NAS Pensacola, Fla. — (OBA) — The Blue Angels are marking a major milestone today as the U.S. Navy’s legendary flight demonstration team celebrates 80 years of service and aviation excellence. Formed to showcase the skill and professionalism of naval aviators, the team continues to fly with the same purpose: inspiring
Gulf State Park RV Campground Office
By OBA Staff April 24, 2026
Orange Beach, Ala. — (OBA) — Gulf State Park just announced that reservations are now open for its new RV resort, offering travelers the chance to secure a spot at the highly anticipated destination. The resort features spacious sites and modern amenities for comfort and convenience. Officials say the setting blends
Mullet Toss
By OBA Staff April 24, 2026
Orange Beach, Ala. — (OBA) — The Interstate Mullet Toss officially begins today on the white sands of Perdido Key. This annual gathering is widely known as the Gulf Coast’s greatest beach party. Thousands of visitors are traveling to the state line to watch the weekend festival. The iconic event features participants
Public Works And Engineering Offices Relocating In Foley
By Guy Busby April 24, 2026
Foley, Ala. — (OBA) — The Foley Public Works Department and the Sanitation and Engineering Department will briefly close their offices as staff relocate to new locations. This closure will last for one day while preparations are completed. City officials have stated that services will continue during the transition.
Prescription Drug Take Back Day Scheduled For Orange Beach Residents
By OBA Staff April 24, 2026
Orange Beach, Ala. — (OBA) — The Orange Beach Police Department is partnering with Walmart in Orange Beach for a community prescription drug take-back event. The collection is meant to give the public a place to dispose of unused prescription drugs. Organizers are asking residents to prepare medications before arriving
Alabama Opens Longer Red Snapper Season For 2026
By OBA Staff April 24, 2026
Orange Beach, Ala. — (OBA) — The Alabama Department of Conservation and Natural Resources announced changes to the 2026 red snapper season that will allow more consistent access for anglers. The update applies to both Alabama state waters and federal waters for certain fishermen. Officials said the changes are part...
MakoOrange Beach Baseball Eyes Playoff Run Behind Team Leadership
By John Mullen April 23, 2026
Orange Beach, Ala. – (OBA) – Finding leaders on your athletic team is a must for a successful season. Orange Beach Baseball Coach Josh Hoyle says he believes those leaders have helped his Makos to the state playoffs and a first-round three-game series. State baseball playoffs in Class 1A-6A begin April 24-25 in the rou
National Picnic Day Brings Outdoor Dining to the Gulf Coast
By OBA Staff April 23, 2026
Orange Beach, Ala. — (OBA) — Today, Thursday, April 23, is National Picnic Day. It’s your built‑in excuse to grab a basket, call a few friends, gather, and eat outside in a beautiful setting. Observed every year on April 23 in the United States, it celebrates simple outdoor meals, good company, and the chance to step
Orange Beach Performing Arts Center
By OBA Staff April 23, 2026
Orange Beach, Ala. — (OBA) — Students bring energy and imagination to the stage as the Orange Beach Middle High School Theatre program prepares to present Seussical Jr., the Musical, at the Orange Beach Performing Arts Center. The production features middle- and high-school performers portraying beloved characters...
Gulf Coast Hot Air Balloon Festival Returns To Foley With New Drone Show
By OBA Staff April 22, 2026
Foley, Ala. — (OBA) — The Gulf Coast Hot Air Balloon Festival is set to return to OWA Parks & Resort, promising to fill the Foley skies with vibrant color. This annual event is a growing festival that combines the spectacle of hot-air balloons with live music and family-friendly activities, providing entertainment for
Show More