STOTT OUTDOOR ADVERTISING v. County of Monterey

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

The parties have filed cross-motions for summary judgment. Plaintiff Stott Outdoor Advertising (“Stott”) moves for summary judgment as to its first and second claims that defendant County of Monte-rey’s (the “County”) ordinance regarding permits for the erecting of billboards constitutes a prior restraint on speech and restricts commercial and non-commercial speech in violation of the First Amendment of the United States Constitution. Plaintiff also seeks summary judgment on its third claim that it was denied procedural due process in violation of its Fourteenth Amendment rights under the United States Constitution. The County moves for summary judgment as to all eight of Stott’s claims on the grounds that this action has been rendered moot by a recent interim ordinance that bans all billboards and that the County’s ordinance and the denial of Stott’s permit applica tions did not constitute violations of the First Amendment. Each party opposes the other party’s motion. The court has read the moving and responding papers. For the reasons set forth below, the court GRANTS…