The Five Points intersection billboard that was removed in March from the Five Points intersection of Lower Merion and Radnor townships may not be replaced, the Commonwealth Court of Pennsylvania ruled Wednesday.
Responding to an appeal from Adsmart Outdoor Advertising, a three-judge panel affirmed previous decisions by the Lower Merion Zoning Hearing Board and the Montgomery County Court of Common Pleas.
The Five Points intersection joins Bryn Mawr Avenue, County Line Road and Railroad Avenue, near Bryn Mawr Hospital and next to a Wawa market.
The June 11 brief from Adsmart argued in part that since Lower Merion Township made no effort over several decades to regulate the billboard, it should not do so now. But the judges stated on Wednesday:
"[W]e conclude the Township’s inaction in not bringing an earlier enforcement action regarding the painted wall sign or the vinyl wall sign does not relieve Adsmart of the requirement of proving the existence of a lawful off-premises advertising sign prior to the enactment of 1927 Zoning Ordinance and the continued existence of a lawful nonconforming advertising use from 1927 until 1960."
Haverford Township also has rejected the installation of five billboards from Bartkowski Investment Group, which shares owners with Adsmart.
Wednesday's court ruling can be read in the media section of this article.
Scott Zelov, a Bryn Mawr representative on the Lower Merion Board of Commissioners, issued the following statement to Patch:
This is another victory against unwanted billboards that don’t belong in our suburban community. The state court has wisely decided that this billboard does not belong in Bryn Mawr. There are now five legal decisions ruling that this billboard at the 5 points intersection in Bryn Mawr is not legal and can not be there. It was removed earlier this year, and it isn’t allowed to go back up, despite all of the appeals.
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