Landowner filed a petition seeking review of a decision of the city board of zoning appeals to deny its application for a zoning permit to erect billboard sign following challenge by neighbor.
The trial court denied the petition, and landowner appealed.
The Court of Appeals held that neighbor failed to establish any special damage from erection of billboard that would not otherwise be common to similarly situated landowners, and thus lacked standing to challenge landowner’s application for a permit to erect the billboard.
Neighbor failed to establish any special damage from erection of billboard that would not otherwise be common to similarly situated landowners, and thus lacked standing to challenge landowner’s application for a permit to erect the billboard, where neighbor vaguely claimed the proposed sign would negatively affect its unidentified “property rights” and “business operations” but presented no evidence establishing the specific rights and business operations at issue, neighbor alleged the sign “would disrupt the character of the neighborhood generally” and would pose risks to pedestrians, cyclists, and motorists, neighbor’s attorney noted that “several adjacent landowners” were impacted and submitted letters from those landowners and residents.