People Ex Rel. Department of Public Works v. ADCO Advertisers

Plaintiff, acting through its Department of Public Works, filed a complaint for an injunction to compel the removal of a certain outdoor advertising display (hereinafter, “billboard”) owned by defendant Air Park Development Co., a corporation, sued herein as Adco Advertisers. Upon plaintiff’s motion, the trial court entered a summary judgment which declared that the billboard “is unlawfully placed and is being unlawfully maintained in violation of the Outdoor Advertising Act [Bus. & Prof. Code, § 5200 et seq. ],” and which ordered defendant to cease maintaining the billboard, and to remove it forthwith. Defendant appeals from the judgment.

Facts

The controlling facts were undisputed on the motion for summary judgment, and were shown by declarations supporting and opposing the motion, as well as by admissions made by defendant in its answer and in response to plaintiff’s request for admissions.

Plaintiff department is the state agency responsible for administering and enforcing the Outdoor Advertising Act (hereinafter, “Act”). It exercises that authority through the Outdoor Advertising Section of the Division of Highways. (§ 5250, formerly § 5215.) On September 12,…