Zoning board conditionally authorizes settlement in Outfront Media billboard litigation amid data‑monitoring concerns

The Red Bank Zoning Board of Adjustment on Feb. 5 voted to authorize a conditional settlement of pending litigation with Outfront Media in the Whispering Woods billboard matter, after members expressed concerns about potential future capabilities of digital signage.

Board counsel summarized the proposed resolution and said the authorization would allow the attorney to report the board’s position at a scheduled case management conference. Several members cautioned that modern signage may be able to collect or target data and urged further research before finalizing any consent order.

One board member asked whether the board would be required to listen to extensive video or audio tapes as part of judicial review; counsel said he believed that step was not necessary but would research the legal record. Another member raised the possibility that a judge‑signed consent order could clarify limits on future use of the sign.

The board voted to authorize conditional settlement. Voting recorded in the transcript shows a majority in favor; one member, Commissioner Jonathan Gilde, voted against the authorization. Board members asked counsel to report back to the court at the case management conference and to provide additional legal research about technological capabilities and any relevant litigation precedent.

Board members also emphasized that any future sign application will be heard separately and that the board retains authority to reject any application that does not comply with local rules and code requirements.