Crown Motors v. City of Redding

—Crown Motors applied to the City of Redding for a use permit to construct and maintain an electronic reader board to display its advertising and other messages to the public. After Crown Motors filed its application, the city council enacted an ordinance prohibiting electronic reader boards. The ordinance was adopted as an urgency measure, thus becoming effective immediately and preventing issuance of the use permit to Crown Motors.

Claiming the urgency provision of the ordinance was enacted contrary to the provisions of Government Code section 36937, Crown Motors filed a complaint seeking declaratory relief and an injunction compelling the issuance of the use permit. The city moved for summary judgment, and the trial court granted the motion finding the urgency provision valid. The court entered judgment for dismissal in favor of the city, and Crown Motors appeals. We affirm.

Facts

On October 30, 1987, the City of Redding granted a use permit to Cypress Auto Center, Crown Motors’s competitor, for the construction and maintenance of an electronic reader board. Cypress Auto Center erected the electronic reader board, which is more than 13 feet high and 23 feet wide. It…