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Board vacates 2008 sign decision as moot after court stipulation
Summary
The board voted 4–0 to vacate its March 19, 2008 decision in a dispute over a sign at 1801 (Clear Channel matter) after parties agreed a new final permit and a Superior Court order required vacatur as moot.
The San Francisco Board of Appeals on June 16 vacated its March 19, 2008 decision regarding a sign permit dispute (Erklands v. DBI) after parties informed the board there is a final permit and a Superior Court order implementing a stipulation.
Deputy City Attorney Francesca Gessner told the board the parties filed a stipulation and the Superior Court issued a writ of mandate ordering the board to vacate its earlier decision as moot. Gessner said a federal court decision interpreting the underlying lease allowed Clear Channel to obtain a new permit and that, as a practical matter, vacatur resolved pending litigation.
Chris Griffith, attorney for Clear Channel Outdoor, said the stipulation and vacatur were negotiated to end litigation and avoid additional court costs. Griffith added, "My clients have a permit to remove the sign," and said the time to appeal that permit had expired.
Board staff and Kornfield asked for clarity about the scope of the federal decision and whether it had determined ownership of the sign; Gessner said the federal ruling addressed lease rights and that the superior-court stipulation and order provided the basis for vacatur.
Commissioner Frank Fung moved to vacate the prior decision as moot; the board voted 4–0 (Vice President Goh and Commissioners Fung, Michael Garcia and Chris Huang voting Aye) and the earlier decision was vacated.
The board's action removes the earlier decision from any prospective precedent effect; Clear Channel indicated it will proceed to remove the sign under the final permit.
