The Court affirmed the trial court's findings that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court decisions in favor of the Town's denial of the permit for an internally illuminated sign to plaintiff Asselin and granting an injunction requested by the Town enforcing the sign illumination ordinance against plaintiff Cardiff & Company's internally illuminated signs.
The defendant, the Zoning Board of adjustment (ZBA) of the Town of Conway, denied a permit application for an internally lit sign to plaintiff Asselin because it was in violation of the town's ordinance which banned signs “illuminated from within." The trial court found the sign illumination provision valid and upheld the ZBA’s decision. In this consolidated case, another plaintiff, Cardiff & Company (Cardiff), also objected to the town's ordinance and was enjoined by the town from using his internally illuminated sign. The trial court issued a temporary injunction enforcing the ordinance’s regulation of Cardiff’s sign.