Judge Rejects Notion Clerical Error Led to Current Legal Wrangling Over Billboard

The case could still linger in court, but a judge yesterday denied two motions by Total Outdoor Corp. that sought to rescind cease and desist orders and allow a billboard structure to remain where it is on Lowell Street.

Judge Howard Whitehead's ruling leaves the entertainment company to either move the 92-foot pole and resolve the stop work orders by the city or file some other type of appeal.

The Salem News reports Whitehead clearly disagreed with the notion there was a simple clerical error as Total Outdoor's explanation for the two versions of the site plan.

He told the company there is no legal precedent for leaving his original judgment intact (to allow the pole) but replacing pieces of evidence by now swapping site plans.

Mayor Ted Bettencourt told the Salem News he was "thrilled" at Whitehead's ruling, but did not indicate what further action he or the City Council might pursue.

You can read the full story here in the Salem News.