Beam

PALLCO ENTERPRISES, INC. v. Beam

Good Law
132 Cal. App. 4th 1482·2005 Cal. App. LEXIS 1527·2005 Daily Journal DAR 11810·34 Cal. Rptr. 3d 490·2005 Cal. Daily Op. Serv. 8685
Court of Appeal of CaliforniaSeptember 29, 2005C047314California6,675 words

Opinion

Opinion

Hull, J.

Cross-complainant Pallco Enterprises, Inc. (Pallco), appeals from a judgment of the trial court finding that advertising displays erected on the property of cross-defendants Denton and Carolyn Beam (the Beams) are not a public nuisance. Pallco contends the court erred in deferring to the California Department of Transportation (CalTrans) on the nuisance issue and otherwise misapplied the provisions of the state Outdoor Advertising Act (hereafter the Outdoor Advertising Act or the Act) (Bus. & Prof. Code, § 5200 et seq.) and its associated regulations. We affirm the judgment.

Facts and Proceedings

The Beams are the owners of a parcel of real property (the property) along State Highway 50 in the City of Rancho Cordova. In 1958, the Beams’ predecessor obtained a permit to maintain an advertising display on the property facing east, with dimensions six feet by 10 feet and the bottom four feet above the ground (permit No. 22473). In 1962, a permit was issued to maintain a display on the same structure facing west (permit No. 22474). The dimensions of this display were seven feet by 20 feet and five feet above the ground. At the time, there were no regulations on the size of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.