Board of Trustees v. City of Los Angeles

The California State University at Northridge owns a parcel of real property known as the Devonshire Downs which adjoins the campus. A full-time employee of the university manages Devonshire Downs and negotiates leases therefor in the name of the university. Since 1967, the university has publicly advertised the availability of Devon-shire Downs for lease to the general public for the conduct of such diverse activities as shows, fairs, exhibitions, swapmeets and circuses, and such activities have from time to time been conducted thereon by lessees of the university.

On March 12, 1973, the university entered into a lease with the Miller-Johnson Circus, Inc. whereby the latter in exchange for a rental of $4,400 leased the property for 16 days for the purpose of conducting a circus.

Section 53.50 of the Los Angeles Municipal Code requires that any person desiring to conduct a circus within the City of Los Angeles must obtain a permit from the city. The issuance of the permit in addition to requiring a fee therefor is conditioned upon the permittee maintaining the premises where animals are to be kept in a clean and sanitary condition and conducting the business in a manner…