RUTHERFORD MANAGEMENT CORP. v. TOWN OF COLUMBUS
The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" which prohibit flashing lights on signs. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to the trial court.
The plaintiff company failed to obtain a permit from the Town of Columbus prior to installing a new sign for its McDonald's Restaurant. The Township sent the company a Notice of Violation because it's sign violated the Town's sign ordinance by using "flashing and intermittent lights to display its messages."