Rather than just take the 92-foot pole down and move it, Total Outdoor Corp. is taking the city back to court on that new billboard towering over Lowell Street.
City Solicitor Michael Smerczynski said the company's response to the cease and desist order from the city last month was there was a mix-up in the version of plans filed in court and the company is unwilling to spend the $200,000-$250,000 necessary to relocate the pole behind the building at 532 Lowell St.
Smerczynski said a second stop work order has actually been issued because the pole is still 6 feet off from the other plans that do show it attached to the side of the building.
Those plans were part of the special permit application the City Council originally denied last May.
The city contends that the plans submitted in court -- when a judge ruled in the company's favor -- showed the pole located in the rear of the property, theoretically out of sight of Lowell Street.
Those same plans were then included with the permit approved by the council in the fall.
Smerczynski said there has already been one court date after the city shut down activity at the site and the case has been continued until March 7 for now. He said a judge has made it clear there will be "no quick decisions" to resolve the dispute.
He said no agreements have been made by the city -- the goal is still to have the pole moved to the rear of the property.
The tricky part now, which may or may not favor Total Outdoor Corp., according to Smerczynski, is that a court judge can look at the situation with fresh eyes.
He said due to the case now being a "de novo appeal," a judge doesn't have to consider the council's initial denial of the special permit nor even the court judgement this past fall. It's essentially a new case.
"[The company] put it (the pole) where it doesn't belong no matter how you look at it," says Smerczynski, which is what he's hoping the judge agrees with.