Munbilla Towers files lawsuit challenging Marble Falls billboard ordinance
MARBLE FALLS — A company that owns communication towers has slapped the city with a lawsuit after Marble Falls officials denied their request to erect an electronic billboard on U.S. 281 north of town.
The city maintains the billboard violates an ordinance that says signs on a company’s property can’t advertise for goods or services other than what’s offered at the location — in this case, an office building also owned by the company.
Munbilla Towers-Llano Ltd. July 18 had asked for a variance, which was allowed under an earlier ordinance, but the city turned down their request.
Attorney Michael Falick filed the lawsuit July 27 in the 33rd state District Court requesting a reversal of the City Council’s action.
“We’ve received the lawsuit and forwarded it to our attorney,” City Manger Ralph Hendricks said.
Munbilla had asked for the variance to convert a four-panel, stacked billboard in the 5000 block of 281 to a shorter, two-panel electronic one. Officials contend they made the request in March, four days before a new sign ordinance was adopted.
The council that month adopted rules that banned some forms of electronic signs.
Caleb Kraenzel, city director of Development Services, recommended the council deny the variance because the request also would switch the sign from on-premise advertising to off-premise advertising, which is prohibited under the current and previous ordinances.
In the lawsuit, Munbilla Towers contends that city staff incorrectly stated the tower had been used for on-premise advertising.
“The billboard has been continuously used for off-premise advertising since early 2005,” the lawsuit stated.
Munbilla Towers claimed in the lawsuit it built the tower in 2004 and began using it for off-premise advertising in 2005 before the city extended its extraterritorial jurisdiction to the area.
The company owns and leases towers in Central Texas for broadcast, cellular, wireless Internet, microwave relay, two-way radio and other telecommunications needs, according to a Munbilla Towers website.
The new tower proposed by the company would be about 20 feet shorter than the current one, officials said in July.
Munbilla Towers falls under the umbrella of Munbilla Broadcasting Properties Ltd., 5526 U.S. 281 North.
An agenda for the council’s Aug. 7 meeting indicated the lawsuit is a topic of discussion during a closed-door session.