Maldonado

In an action brought by the Department of Transportation (Caltrans) to abate a public nuisance, Nano Maldonado appeals a judgment in favor of Caltrans restricting the advertising Maldonado may display from his property. He contends the trial court misconstrued the statutes applicable to outdoor advertising; the injunction imposed by the judgment is ambiguous; and the trial court abused its discretion in denying him leave to file a claim for inverse condemnation.

Background

This case concerns the advertising permitted on a billboard located on the roof of a commercial building known as 3600 Rolison Road and located immediately adjacent to the southbound lanes of Highway 101 in Redwood City.

In 1956, a double-sided billboard was mounted on the roof of the building. During the 1960’s and 1970’s, the billboard was used for off-premises advertising, i.e., goods and services not located in the 3600 Rolison Road building. In 1990 or 1991 appellant purchased the building.

In March 1993, appellant applied to Caltrans for a permit to use the billboard for an off-premise display. In April 1993, Sally Barton, a Caltrans outdoor advertising inspector, denied the permit because the…