Judge Denies BIG's Billboard Appeal

Delaware County Court of Common Pleas Judge Chad F. Kenney March 30 affirmed the 's decision to deny billboards based on evidence they would pose a threat to “public health, safety, morality and welfare.”

Bartkowski Investment Group (BIG) to the zoning board's March 2011 decision, which denied a request to erect six 672 square-foot double-sided billboards along a 1.3-mile stretch of Baltimore Pike.

BIG challenged the township-wide prohibition of billboards arguing that it is unconstitutional and invalid because it is a blanket exclusion.

The zoning board established that the township doesn't exclude all forms of outdoor advertising and gave examples of what is permitted, such as ads on SEPTA buses and bus shelters, shopping cart return areas, gas pumps, ATMs and those free-standing at .

The Pennsylvania Supreme Court addresses billboards by stating that a total prohibition must have justification.

The zoning board's reasons for excluding billboards are as follows:

• Billboards are liable to be blown down and thus injure pedestrians.
• Billboards are inconsistent with Springfield Township’s Comprehensive Plan and Baltimore Pike’s Green Boulevard Plan.
• Billboards may serve as hiding places for criminals and can be put to use by disorderly persons for immoral purposes.
• Billboards create traffic hazards.
• Billboards have the potential to create other safety issues.

No new evidence was presented at the hearing, in accordance with state land use appeal procedure.

View more details on this ruling in the attached PDF document.