People Ex Rel. Department of Transportation v. Ad Way Signs, Inc.
Opinion
Opinion
Premo, J.
Ad Way Signs, Inc. (hereafter, Ad Way) erected a billboard next to Highway 101 in Santa Clara County as specified in its permit, moved the billboard without a new permit, and returned it to the original location when the California Department of Transportation (hereafter, Caltrans) either cancelled or threatened to cancel the original permit. Several years later, Caltrans again cited the billboard for being placed without a permit, and brought an action for declaratory relief. The trial court granted summary judgment to Caltrans, declared the billboard a public nuisance, and ordered its removal.
Ad Way raises numerous issues on appeal, among them the claim that the nine-foot movement, for safety reasons, was not a “placing”; that because Caltrans agreed either not to cancel the permit or to rescind the cancellation if the billboard was restored, Caltrans is estopped from asserting that the replacement of the sign was a “placing” in violation of statute; and that if there was a valid cancellation of its permit, Caltrans’s action in cancelling the permit without giving Ad Way a hearing deprived it of its constitutional right to procedural due process.