FROM BULLITT CIRCUIT COURT HONORABLE RODNEY BURRESS, JUDGE
ACTION NO. 15-CI-00709
FOR APPELLANT: Clayton B. Patrick Frankfort, Kentucky P.
Kevin Moore Frankfort, Kentucky
FOR APPELLEE: Joseph J. Wantland Shepherdsville, Kentucky
BEFORE: GOODWINE, KRAMER AND K. THOMPSON, JUDGES.
THOMPSON, K., JUDGE
Commonwealth of Kentucky, Transportation Cabinet appeals from
an order of the Bullitt Circuit Court denying its petition to
enforce the final order of the Secretary of the Kentucky
Transportation Cabinet requiring Benjamin Robards to remove
an advertising device located within 660 feet of interstate
65 (I-65). We conclude that Robards continues to maintain an
advertising device in violation of the Kentucky Billboard Act
and reverse and remand for an order directing Robards to
remove the advertising sign from a semi-trailer.
Cabinet is a state agency charged with enforcing the Kentucky
Billboard Act, KRS 177.830 et. seq. This case began
in the spring of 2013, after the Cabinet learned that Robards
placed or allowed to be placed an advertising device on real
property he owned located alongside I-65 in Bullitt County.
The device consisted of a vinyl sign advertising a quilt
outlet draped over a semi-trailer.
13, 2013, the Cabinet advised Robards in writing that the
advertising device must be removed. He was further advised
that he could request an administrative hearing if he chose
to contest the sign removal. Robards requested an
discovery was conducted, the Cabinet moved for summary
judgment on the basis that Robards had no permit for the
advertising device on his property and, in fact, under the
applicable statutes and regulations, a permit could not be
issued for the location in question.
following facts were undisputed. The sign is within 660 feet
of I-65, is clearly visible from the interstate and tied to
the side of a semi-trailer. Robards collects monthly rent of
$300 from the individual who owns the House of Quilts for the
advertisement. Robards never applied for a permit to erect an
advertising device on his property.
operates a horse farm on the property and uses the
semi-trailer for agricultural purposes. Inside the
semi-trailer, he stores farm tools, equipment, and hay. From
time to time, Robards moves the semi-trailer to other
locations on his farm.
hearing officer concluded that "hauling and maintaining
a trailer to a position parallel to the boundary fence along
an interstate and collecting monthly payments for the large
advertising sign tied to the outside of the trailer is
erecting an advertising device within a protected and
prohibited area." The hearing officer recommended that
summary judgment be entered in favor of the Cabinet.
Secretary of the Transportation Cabinet adopted, in full, the
hearing officer's recommended order. Although the final
order advised Robards of his right to seek judicial review
pursuant to KRS 13B.140, Robards did not seek judicial review
of the final order.
did not remove the vinyl sign from the semi-trailer and this
action was filed by the Cabinet requesting that the Bullitt
Circuit Court enforce the final order requiring that Robards
remove the advertising device and permanently enjoin Robards