National Advertising Co. v. Village of Downers Grove

• Decision Date: 09 February 1988
• Docket Number: 2-87-0412,Nos. 2-87-0184,s. 2-87-0184
• Citation: 166 Ill.App.3d 58,519 N.E.2d 502
• Parties: , 116 Ill.Dec. 610 NATIONAL ADVERTISING COMPANY, Plaintiff-Appellee, v. The VILLAGE OF DOWNERS GROVE, et al., Defendants-Appellants (Opus Corporation, Defendant; La Salle National Bank, as Trustee, Intervenor-Defendant). OUTDOOR ADVERTISING ASSOCIATES, L.P., et al., Plaintiffs-Appellees, v. The VILLAGE OF DOWNERS GROVE, Defendant-Appellant (Patrick Media Group, Inc., Intervenor and Plaintiff-Appellee).
• Court: United States Appellate Court of Illinois

Page 502

519 N.E.2d 502

166 Ill.App.3d 58, 116 Ill.Dec. 610

NATIONAL ADVERTISING COMPANY, Plaintiff-Appellee, v. The VILLAGE OF DOWNERS GROVE, et al., Defendants-Appellants

(Opus Corporation, Defendant; La Salle National

Bank, as Trustee, Intervenor-Defendant).

OUTDOOR ADVERTISING ASSOCIATES, L.P., et al., Plaintiffs-Appellees, v. The VILLAGE OF DOWNERS GROVE, Defendant-Appellant (Patrick

Media Group, Inc., Intervenor and Plaintiff-Appellee).

Nos. 2-87-0184, 2-87-0412.

Appellate Court of Illinois Second District.

Feb. 9, 1988.

Barbara J. Gosselar, Village Atty. of Downers Grove, Downers Grove, for defendants-appellants (2-87-0184).

Sanford M. Stein (argued), Jean Marie R. Pechette, Gordon & Glickson, Jacqueline W. Vlaming, Altheimer & Gray, Chicago, for plaintiff-appellee (2-87-0184).

Harlan J. Spiroff, Kubiesa & Power, Kenneth T. Kubiesa, Kubiesa & Power, Ltd., Westmont, for amicus, DuPage Mayors and Managers Conference, Inc.

Kathleen F. Brenniman, Barbara J. Gosselar, Village of Downers Grove, Downers Grove, Ill., for defendants-appellants (2-87-0412).

Sanford M. Stein, Gordon & Glickson, Jacqueline W. Vlaming, Altheimer & Gray, Chicago, Ill., for plaintiffs-appellees (2-87-0412).

Robert J. Weber, Robert J. Weber, Ltd., Chicago, Ill., for intervenor and plaintiff-appellee.

Kip Randolph Pope, Harrington, Porter & Pope, Champaign, Ill., for amicus Outdoor Advert. Assoc. of Ill.

Justice NASH delivered the opinion of the court:

In these consolidated cases defendant, Village of Downers Grove, seeks reversal of declaratory judgments entered in favor of plaintiffs, National Advertising Company and Outdoor Advertising Associates, which found that the State statute regulating outdoor commercial advertising signs preempts the more restrictive regulation of such signs by a municipality.

At issue in these cases is the Highway Advertising Control Act of 1971 (Ill.Rev.Stat.1985, ch. 121, par. 501 et seq.) and article IX of the zoning ordinance of the Village of Downers Grove, a home-rule unit.

The plaintiffs in these causes (hereinafter referred to as the advertisers) are engaged in the business of advertising through the use of outdoor signs. The advertisers sought to construct or maintain outdoor signs adjoining a Federal-aid primary highway within Downers Grove, but were prevented from doing so because the proposed signs were larger in size than permitted by the village sign ordinance. The advertisers, and The Outdoor Advertising Association of Illinois in its amicus curiae brief, contend that the Illinois Highway Advertising Control Act of 1971 prohibits a municipality from enacting stricter limitations on highway signs than those set forth in the Act. Defendant, the Village of Downers Grove, and the Du Page Mayors and Managers Conference, Inc., in their amicus curiae brief, contend that the Highway Advertising Control Act does not preempt stricter regulation of outdoor advertising signs by municipalities. The trial court found in each case that the State statute preempted local regulations which were inconsistent with it, and these appeals followed.

We first note that the Illinois Highway Advertising Control Act of 1971 was adopted by the Illinois legislature pursuant to the Highway Beautification Act of 1965 (23 U.S.C. § 131 et seq. (1970)), which is sometimes referred to as the Lady Bird Bill, and was enacted by Congress for the express purpose of controlling outdoor advertising signs near highways. (23 U.S.C. § 131(a) (1970).) The Federal act required that the States enact legislation regulating outdoor advertising signs in order to preserve Federal funding for State highways.

The pertinent provisions of the Highway Advertising Control Act of 1971, for purposes of this appeal, are sections 1, 6, 6.01, 6.02, 6.03, and 7 (Ill.Rev.Stat.1985, ch. 121, pars. 501, 506, 506.01, 506.02, 506.03, 507). Section 1 provides as follows:

"The General Assembly finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to Interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly and effective display of such signs, displays and devices.

The General Assembly further finds and declares that outdoor advertising is a legitimate, commercial use of private property adjacent to roads and highways; that outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy which serves to promote and protect private investments in commerce and industry and should be allowed to operate in business areas; and that the regulatory standards set forth in Section 6 of this Act are consistent with customary use in this State and will properly and adequately carry out each and all of the purposes of this Act, more severe restrictions being inconsistent with customary use and ineffective to accomplish the purposes of this Act." (Emphasis added.) (Ill.Rev.Stat.1985, ch. 121, par. 501.)

Section 6 of the Act sets forth requirements regulating the size, number of signs, lighting and spacing of sign structures and their proximity to highways (Ill.Rev.Stat.1985, ch. 121, pars. 506, 506.01, 506.02, 506.03), and section 7 of the Act provides as follows:

"In zoned commercial and industrial areas, whenever a State, county or municipal zoning authority has adopted laws or ordinances, which include regulations with respect to the size, lighting and spacing of signs, which regulations are consistent with the intent of this Act and with customary use, then from and after the effective date of such regulations, and so long as they shall continue in effect, the provisions of Section 6 shall not apply to the erection of signs in such areas." (Emphasis added.) Ill.Rev.Stat.1985, ch. 121, par. 507.

The Downers Grove sign ordinance permits outdoor advertising signs only in business zoned districts and prohibits signs in excess of 200 square feet in size, and 20 feet in height. The ordinance further regulates the spacing...