And the Fight Continues Over Lowell Street Billboard

Not content with the company's plan of action now to relent and relocate the 92-foot billboard where a court ruling originally placed it, the Peabody City Council wants to continue the fight in court with Total Outdoor Corp.

The council met in a special session last week to discuss the most recent action by the company -- a motion in Superior Court that seeks "relief from judgment" and would allow the billboard structure off Lowell Street to be moved and end cease-and-desist orders from the city preventing ads from being placed on the structure.

The Salem News reports that, on the advice of City Solicitor Michael Smerczynski, the council voted 10-0 to direct Smerczynski to oppose that move and harshly criticized the motion filed by Total Outdoor's attorney.

Councilors argued there was no mistake made, the company instead acted in "bad faith" and tried to place the billboard in a more visible location than what was agreed upon in court with Judge Howard Whitehead.

The council rejected another compromise offered by Total Outdoor earlier this spring.

The billboard is currently attached to the side of the building at 532 Lowell St. and the proposal is to move it to the rear, which will cost about $250,000, but not require any further zoning relief, according to local attorney John Keilty.

Keilty, who is part of the team representing Total Outdoor, was a spectator along with about 35 residents at City Hall last week, reports the Salem News.

He told the paper he saw the council's decision more as political grandstanding than anything else.

Smerczynski told councilors he would deliver their decision in court the next day. Whitehead had also indicated he could send the entire matter back to the council for another special permit hearing.