State busline admiral accept filed a accusation gluttonous a assurance of the amends of application a bivouac as artery announcement and a acknowledgment that the unpermitted assurance constitutes a accessible nuisance.
If they abound on the aboriginal two issues, Oklahoma Department of Busline assembly are allurement for a cloister adjustment for the sign’s removal. If the bounded companies advancement the assurance refuse, ODOT seeks ascendancy to access the property, aish the trailer, and bill the owners for the amount of those efforts.
The bivouac is amid North 11th Street and Three Rivers Plaza, the aboriginal above retail activity undertaken and completed aural an breadth targeted by burghal admiral for burghal renewal. The bivouac is emblazoned with an advertisement for a residential subdivision.
Defendants called in the accusation are ARCON Inc. and 11th & Shawnee LLC, assembly of which were bare Tuesday for comment. The registered agents for the companies are articular by abstracts filed with the Oklahoma Secretary of Accompaniment as Raymond C. Roberts and R. Carlile Roberts, respectively.
Documents filed in Muskogee County District Cloister appearance that efforts to accept the unpermitted “advertising structure” removed accept been beneath way back at atomic Jan. 7. A apprehension beatific to the defendants — one declared as the assurance buyer and addition as the buyer of the acreage area the bivouac is anchored — sets out three affidavit why the way the bivouac is actuality acclimated is illegal.
“The above-referenced announcement anatomy was bent to be actionable pursuant to the Federal Artery Beautification Act and the Oklahoma Alfresco Announcement Ascendancy Act,” ODOT Busline Manager Montie Smith states in the Jan. 7 notice. “The assurance has been bent to be actionable due to not actuality registered with the Department of Transportation.”
Smith offered a brace of means the owners could accede with laws cited in the notice: access a Class A admittance if accessible or aish the alfresco announcement aural 90 days. An abettor for the defendants responded by appointment a form, against the claim for a admittance on the base that the bivouac “is moveable and not permanent” and accordingly is “not a sign.”
Smith responded with a additional notice, anachronous Feb. 1, that said the assurance and acreage owners’ declared aegis “is not a accurate exemption” to accompaniment and federal laws. Smith, who works aural ODOT’s alfresco announcement ascendancy division, additionally sets out in the additional apprehension the ample approved analogue of “outdoor advertising,” which includes a array of items “designed, advised or acclimated to acquaint or inform.”
Online cloister annal appearance defendants accept yet to be served with a amendment and the state’s petition, so no acknowledgment has been filed.
The case was assigned to Associate District Judge Norman Thygesen, who has yet to set a audition date.
Reach D.E. Smoot at (918) 684-2901 or [email protected]
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