Denny's, Inc. v. City of Agoura Hills

Defendants and appellants the City of Agoura Hills, the City Council of the City of Agoura Hills, the Planning Commission of the City of Agoura Hills, the Board of Zoning Adjustments of the City of Agoura Hills, the Department of Planning and Community Development of the City of Agoura Hills, and the Director of Planning and Community Development of the City of Agoura Hills (collectively, the City) appeal a judgment in an action for declaratory and injunctive relief.

Plaintiffs and appellants Denny’s, Inc. (Denny’s), Texaco Refining and Marketing Inc. (Texaco), Cimm’s Inc., doing business as Burger King (Burger King), Agoura Restaurants Incorporated, doing business as McDonald’s (McDonald’s), Fence Factory, Inc., a California corporation (Fence Factory), Roadside Lumber & Hardware, Inc., a California corporation (Roadside Lumber), Jeff Amin (Amin) (a Mobil Oil franchisee), Albert P. Gabledon (Gabledon), Chevron U.S.A., Inc. (Chevron), and Union Oil Company of California, doing business as Unocal (Unocal), (collectively, plaintiffs) filed protective cross-appeals.

The essential issue presented is whether plaintiffs’ preexisting business signs are protected by Business…