Universal Outdoor, Inc., et al. v. Tennessee Department of Transportation

The Tennessee Department of Transportation ordered the removal of a long-existing billboard to permit the expansion of a highway right-of-way. The billboard’s owner removed the sign and reinstalled it on another part of its leasehold, within 30 feet of its original location. The Department refused to renew the permit for the sign or to issue a new permit because its new location did not comply with the requirements of The Billboard Regulation and Control Act of 1972. The owner challenged that decision at an administrative hearing, arguing that it was entitled to maintain the nonconforming billboard at its new location under the “grandfathering” clause of the zoning statute. The administrative law judge disagreed and ordered the billboard’s removal. The chancery court affirmed the decision of the administrative law judge. We affirm the chancery court.