National Advertising Company v. The City Of Ashland

678 F.2d 106 NATIONAL ADVERTISING COMPANY, a subsidiary of Minnesota Mining & Manufacturing Company, a Delaware corporation, Plaintiff-Appellee, v. The CITY OF ASHLAND, OREGON, a Municipal corporation, Defendant-Appellant. No. 81-3076. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1982. Decided May 26, 1982. Alfred A. Hampson, Hampson & Bayless, Portland, Or., for defendant-appellant. Ben Lombard, Jr., Ashland, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before KENNEDY, FARRIS, and NORRIS, Circuit Judges. KENNEDY, Circuit Judge: 1 The City of Ashland, Oregon, passed an ordinance in 1973 ordering that billboards be taken down after a five-year amortization period. National Advertising Company sought a declaration in federal court that the ordinance was preempted by the Highway Beautification Act of 1965, Pub.L. 89-285, Title I, 79 Stat. 1028 , now codified, as amended, at 23 U.S.C. § 131 (1976), and by Oregon statutes. Jurisdiction was based on diversity of citizenship as well as on the alleged existence of a federal question. The district court found for National on both federal…