City of Salinas v. Ryan Outdoor Advertising, Inc.

Introduction:

The instant appeal is before us on remand from the United States Supreme Court for further consideration in light of Metromedia, Inc. v. City of San Diego (1981) 453 U.S. 490 [ 69 L.Ed.2d 800 , 101 S.Ct. 2882 ]. That case was a review of the California Supreme Court’s opinion in Metromedia, Inc. v. City of San Diego (1980) 26 Cal.3d 848 [ 164 Cal.Rptr. 510 , 610 P.2d 407 ]. The state Supreme Court has since published its opinion in Metromedia, Inc. v. City of San Diego (1982) 32 Cal. 3d 180 [ 185 Cal.Rptr. 260 , 649 P.2d 902 ], For convenience these cases will be designated Metromedia (Cal.) I, Metromedia, U.S., and Metromedia (Cal.) II respectively, in this opinion.

Ryan Outdoor Advertising, Inc. (hereafter Ryan or appellant), a Texas corporation, engaged in the outdoor sign advertising business in the City of Salinas (hereafter City or respondent) appeals a judgment enjoining its maintenance and ordering removal forthwith of “all of its offsite advertising signs and structures present at those locations specified in Exhibit A of the Complaint on file herein.”

The City sought a mandatory injunction to compel Ryan to comply with the City’s Ordinance No.…