Traverso

Traverso v. Department of Transportation

Good Law
105 Cal. Rptr. 2d 179·2001 Cal. App. LEXIS 212·2001 Daily Journal DAR 2875·87 Cal. App. 4th 1142
Court of Appeal of CaliforniaMarch 20, 2001A087456California4,364 words

Opinion

Opinion

Kay, J.

Richard Traverso doing business as Adco Outdoor Advertising appeals from an order dismissing his first amended petition for writ of mandate and complaint for damages (the complaint) against the California Department of Transportation (Caltrans) after Caltrans’s demurrer was sustained without leave to amend, This suit unsuccessfully attempts to revive permits for billboards which were canceled over a quarter-century ago. The dismissal is affirmed.

I. Background

The permits in question are for four billboards along U.S. Highway 101 in San Mateo County. The prior owners of the billboards are described as Traverse’s “predecessor[s] in interest”; he is apparently the assignee of their rights in the billboards and the permits for them. One of the permits was issued in the 1930’s, two in the 1950’s, and one in 1972. The complaint states that the permits were canceled by Caltrans in 1973-1975. During that period the billboards were evidently taken down or converted to less lucrative “on-site” advertising, which does not require a permit from Caltrans under the'Outdoor Advertising Act (hereafter the Act; Bus. & Prof. Code, § 5200 et seq.) and is limited to advertising of…

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