Gilberts officials surprised by lawsuit over billboard ban

A Springfield-based media company has sued Gilberts over its ban on billboards, arguing that the village doesn't have home rule powers and therefore cannot prohibit billboards from being erected on the land regulated by the state.

WC Media filed suit in Kane County this month, seeking a summary judgment ruling from a judge regarding the ban.

A summary judgment is like a mini-trial, but with no witnesses; attorneys from both sides submit their legal arguments and the judge, in this case David Akemann, makes a ruling.

In the lawsuit, WC Media says it has secured contracts to erect and maintain up to four 10-foot by 40-foot billboards off Industrial Drive near Interstate 90 for a period of 20 years.

WC Media applied to the Illinois Department of Transportation for permission to erect the billboards because they would be within 660 feet of Interstate 90 and subject to IDOT permit requirements because of the Highway Advertising Control Act of 1971, the suit argues.

WC attorney John Myers wrote a letter to Gilberts' village attorney in late August, offering to settle the matter without litigation.

"I have advised WC Media Inc. that in view of the blanket ban on billboards in Gilberts, it would be futile for it to apply at this time for a building permit," Myers wrote. "While billboards can be subject to reasonable municipal regulations consistent with customary use, a flat prohibition of billboards by a non-home rule municipality within the IDOT area of control is improper."

The letter was included in exhibits for the lawsuit. Gilberts attorney Julie Tappendorf responded to Myers by email, saying she would advise the village board of his "threat" to sue but wouldn't reply to Myers because WC Media had not submitted an application to the village for any billboard.

Gilberts Village Administrator George Sakas said Monday that he was aware of the lawsuit but the village had not officially been served with it. WC Media still has not applied for a building permit, he said.

"We have a prohibition on billboards and this ad agency just sued us out of the blue," Sakas said. "It's a strange situation. It's like two neighbors having a disagreement and instead of ringing the doorbell, this group just sued us without a conversation or dialogue."

The two sides are next due in court March 7.