City of Orange Beach v. The Lamar Companies, [Ms. SC-2023-0657, May 17, 2024] __ So. 3d __ (Ala. 2024). The Court (Mendheim, J.; Parker, C.J., and Shaw, Bryan, and Mitchell, JJ., concur) reverses the Baldwin Circuit Court’s order denying the City of Orange Beach’s (“Orange Beach”) motion to enforce consent decrees requiring The Lamar Companies’ (“Lamar”) removal of certain billboard signs based on Orange Beach’s zoning ordinance.
The Court first addresses Lamar’s motion to dismiss the appeal, contending that Orange Beach has not appealed from a final judgment. Ms. *14. However, the Court reiterates that settlement agreements incorporated into court orders are enforceable as judgments and concludes that the circuit court’s denial of Orange Beach’s enforcement motion constitutes an appealable order under Rule 4(a)(1)(A), Ala. R. App., as it involves refusal of injunctive relief. Ms. **15-16.
Additionally, Lamar argues selective enforcement of the zoning ordinance excuses its noncompliance. Ms. **19-20. The Court rejects Lamar’s selective enforcement argument, noting that the consent decrees did not address future enforcement discrepancies. Ms. *20. The Court further reasons that any such claims should have been addressed within the original settlement terms or through separate legal challenges. Ms. **21-23.