Art or advertising in Summerfield?

That’s the question lawyers for the town of Summerfield and shopping center owner Kotis Properties are arguing in Guilford County Superior Court

by CHRIS BURRITT

SUMMERFIELD – Kotis Properties, owner of Summerfield Square shopping center, is taking the town of Summerfield to court, arguing that the town’s sign ordinance violates the company’s constitutional right to free speech.

The dispute in Guilford County Superior Court centers on the storefront of Clouds, a vaping store in the shopping center on U.S. 220. The façade above the door identifies the business, with the word “Clouds” written against a wavy background painted in different shades of red and blue that apparently represents vaping smoke.

In court papers, Greensboro-based Kotis said the background represents art, while the town said the flurry of colors is part of the sign and, therefore, advertises the business. As a result, the combination of the word “Clouds” and the painting constitutes a commercial message and thus exceeds the amount of wall space for signs allowed by Summerfield’s development ordinance, according to the town.

This past Monday, July 3, Superior Court Judge Stephanie Reese denied the town’s request for a dismissal of

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the case. According to Kotis lawyer Chuck Winfree, he and town attorney Bob Hornik have entered discussions to settle the case, prompting the judge to continue the hearing to late August.

That schedule will give Summerfield Town Council the opportunity to consider a proposed settlement, Winfree wrote in an email earlier this week. The council’s next regular meeting is Aug. 8. (The council will not meet in July.)

In an email, Summerfield Town Manager Scott Whitaker wrote that he expects the council to consider the proposed settlement during a closed session, followed by a possible motion to resolve the dispute in an open-session vote.

A court-approved settlement between the two sides “may resolve the matter,” said Winfree, who declined to share terms he’s discussed with Summefield’s lawyer.

The case stems from a ruling by Summerfield’s Board of Adjustment last August, which affirmed town staff’s decision that the background painting – not just the word “Clouds” – constitutes a sign supporting the business.

“Painting the area of the wall supporting the Clouds sign to appear like vapor clouds is a clear conversion of the wall to a sign to support the business,” Brad Rentz, the town’s planning manager, told the Board of Adjustment last summer.

Kotis disagreed, saying “the paint around the sign is a work of art and does not exhibit a commercial message,” according to a court filing last October by Winfree, a Greensboro lawyer.

Art that doesn’t convey a commercial message is exempt from regulation by the town’s ordinance, the filing said, noting that with the painted section excluded, the sign complies with size requirements of the ordinance.

The plaintiff listed in court papers is WAW Properties LLC, the owner of Summerfield Square and an affiliate of Kotis Properties, which manages the shopping center.

Kotis is asking the judge to invalidate Summerfield’s notices of violation and related penalties, Winfree said. If the court sides with Kotis, the company wants the town to reimburse its legal fees.

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