People Ex Rel. Department of Transportation v. Ad Way, Inc.

Appellant Ad Way, Inc. appeals a summary judgment in favor of respondent State of California in respondent’s action for removal of an advertising billboard as a public nuisance in violation of the California Outdoor Advertising Act (the Act). (Bus. & Prof. Code, § 5200 et seq.) Appellant contends that no new facts were presented in support of respondent’s motion for reconsideration of its summary judgment motion, and that summary judgment was improper because triable issues of material fact exist. We affirm.

Facts

In 1963 appellant’s billboard was erected on a salt pond dike near post mile 2.72 on the south side of State Route 92 in Alameda County, just east of the San Mateo Bridge toll booth. In November 1967 the Act took effect, and in August 1969 appellant received a permit (Permit 21552) from respondent for the billboard as a nonconforming display erected prior to the Act. The permit authorized a billboard at that location with a height of 10 feet and a display panel area of 12 feet by 48 feet.

In early 1972 appellant received a letter from the Department of Public Works (DPW) directing that the billboard be removed because it did not conform to the zoning…