A Sussex County Superior Court judge has ruled in favor of the county's board of adjustment in a lawsuit filed over a decision approving a billboard along Route 1 near Rehoboth Beach.
Judge E. Scott Bradley issued an 18-page ruling Aug. 16 in a case filed by Gannos LLC, owner of Rehoboth Marketplace shopping center.
Owners and store managers of Rehoboth Marketplace said the proposed billboard would block motorists’ view traveling north on Route 1 of the center's main sign and would also block the view of the shopping center from the highway, resulting in a loss of customers.
The applicants, Patricia and James Derrick, had filed an application for a special-use exception to replace an old billboard on their property with a steel monopole structure. The application included variances for the side-yard setback, separation distance from another billboard, distance from public lands, the height requirement and the maximum size square footage.
The applicant's property includes the Sea Shell Shop, a billboard, a miniature golf course and parking lot located along Route 1 in front of the shopping center.
On Nov. 17, 2015, the board of adjustment granted approval of the application, but denied the request to increase the size of the billboard.
Bradley found that the evidence in the record established the existing billboard has had no discernible impact on the shopping center, and the proposed billboard would be the same square footage as the existing one, although it would be 6 feet taller. “The evidence also establishes that the proposed billboard is consistent with the surrounding area and would be a safety and aesthetic improvement,” Bradley wrote. “While it was not their burden, no specific evidence of adverse effects was presented by Gannos, presumably because none existed.”
In approving the application, board members agreed the variances were required because of the unique triangular shape and topography of the property.