SIGN ORDINANCE - HORAN DECISION

from Douglas V. Alling, SMITH ALLING LANE, attorney for JAMES L. WINGARD:

"We believe the Legislature has spoken on this issue. RCW 47.42.107 requires that '[j]ust compensation shall be paid upon removal of any existing sign pursuant to the provisions of any resolution or ordinance of any county, city, or town' in the State of Washington, by such county, city, or town if such sign was lawfully in existence on May 10, 1971, or erected subsequent to May 10, 1971, in compliance with existing state and local law."

"As you are likely aware, the Court of Appeals has held that RCW 47.42 precludes removal of signs before compensation is determined. Horan v. City of Federal Way, 110 Wn. App. 204, 39 P.3d 366 (2002)."

Full letter attached.



Letter to David Swindale, Planning and Community Director, city of University Place

SMALL BUSINESS BE FORWARNED

The City of University Place is coming for you if you have violated their SIGN ORDINANCE. They are going after the low hanging fruit first, small business owners. They are more easily intimidated and forced to close. The larger business that have told them to take a hike are classified WT, working towards.

Attached is my NOTICE OF CIVIL VIOLATION because my 40 year old sign is 12 feet in height. Their ordinance only allows 10 feet. I cannot afford to tear down my sign and put up a new base and sign to their liking nevermind the bureaucratic permit process and all it entails.

I will attend my hearing Nov. 3 at 2 pm City council chmbers with my lawyer. If I can't stop them here you have no hope. Please join me and attend meeting.