Lamar Advertising Of South Dakota, LLC v. City of Rapid CityAnnotate this Case
The Supreme Court affirmed the circuit court's judgment declining to declare that the City of Rapid City unlawfully bargained away its police power when it entered into a settlement agreement with Epic Outdoor Advertising under which the City agreed to amend certain sign ordinances and grant Epic two sign permits, holding that the circuit court did not err.
Lamar Advertising brought this appeal. By notice of review, Epic asserted that the circuit court erred in denying its request that the court declare invalid a similar settlement agreement executed between Lamar and the City. The Supreme Court affirmed in all respects, holding (1) because the City did not contract away its police powers by agreeing to amend the sign code, and because Lamar did not establish that the City acted unreasonably or arbitrarily when it amended the sign code, the circuit court did not err in denying Lamar's motion for summary judgment requesting a declaration that the settlement agreement and the ordinance agreements were invalid; (2) challenges to the granting of permits, such as those brought by Lamar, must be pursued through the administrative process; and (3) the circuit court did not err in failing to find the settlement agreement previously entered into between Lamar and the City invalid.