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Reagan National Advertising v. Vanderhoof Family Trust

A moot temporary injunction is dissolved.

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In this accelerated, interlocutory appeal, appellant Reagan National Advertising (“Reagan”) seeks the reversal of a temporary injunction order that prohibits Reagan from “filing any permit application with the Texas Department of Transportation for a billboard permit on the west side of IH-35 within 1500 feet of 2801 and 2803 Cole Street, Austin, Travis County, Texas.” See Tex. Civ. Prac. & Rem. Code Ann. � 51.014(a)(4) (West Supp. 2002); Tex. R. App. P. 28.1. We hold that the stated purpose of the temporary injunction has been satisfied, and the temporary injunction has therefore become moot. Accordingly, we will dissolve the temporary injunction order and dismiss the appeal.

BACKGROUND

Reagan is in the business of outdoor advertising and has obtained permits for and erected a number of billboards in Austin. In order to erect a sign in Austin, an entity must comply with all the City of Austin (the “City”) regulations, and if the proposed sign is along a regulated highway, *fn1 the entity must also comply with regulations issued by the Texas Department of Transportation (the “Department”). See 43 Tex. Admin. Code � 21.146 (2001). The Department regulations, for example, provide that issued permits must be renewed annually and that signs may not be erected within 1,500 feet of each other on the same side of a regulated highway. Id. �� 21.146, 21.150(d), 21.153(d) (2001).

 
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