Get Outdoors II, L.L.C. v. City of Lemon Grove California

ORDER RE: PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Get Outdoors II, L.L.C. .(“Plaintiff’ or “Get Outdoors”) and Defendant City of Lemon Grove California (“Defendant” or “Lemon Grove”) have each filed motions for summary judgment in this case. On February 3, 2005, the Court held a hearing on the parties’ cross-motions. Thereafter, both parties filed numerous notices of subsequent legal authority, each of which the Court has considered. The Court now issues the following Order.

I. Introduction

This case is one of several cases currently pending in this district involving challenges to sign ordinances and regulations limiting or prohibiting the construction and use of billboard signs enacted by local municipalities in San Diego County. In this case, Plaintiff. charges that Lemon Grove’s sign ordinance, specifically Chapter 18.12 of the Lemon Grove Development Code, is unconstitutional and should be struck down in its entirety. Plaintiff applied to erect eight billboards in Lemon Grove and argues that “[bjecause of the substantial constitutional defects contained in the Sign Ordinance, this Court should exercise its equitable powers and order the City to allow Get…