West Washington Properties v. Department of Transportation

Good Law
149 Cal. Rptr. 3d 39·2012 Cal. App. LEXIS 1152·210 Cal. App. 4th 1136
Court of Appeal of CaliforniaOctober 10, 2012No. B233295California6,138 words

Opinion

Lead Opinion

Bigelow, J.

This case concerns an advertising display California’s Department of Transportation (Caltrans) found was in violation of the Outdoor Advertising Act, Business and Professions Code section 5200 et seq. (the Act). 1 The owner of the display, West Washington Properties, LLC (West Washington), argued equitable estoppel and laches barred the agency from *1140 enforcing the Act, or formed the basis of an inverse condemnation claim. The trial court rejected these arguments. We affirm the trial court judgment.

FACTUAL AND PROCEDURAL BACKGROUND

We adopt some of the background from our previous unpublished opinion.

In 1999, West Washington bought a building at 155 West Washington Boulevard in Los Angeles. On the side of the building was an advertising space, referred to as a “wallscape,” measuring approximately 8,000 square feet. West Washington believed the wallscape had been in place since 1984, and was first installed in connection with the 1984 Olympics. When West Washington purchased the building, it located permits from the City of Los Angeles for the wallscape. West Washington did not contact Caltrans to determine whether there were state-issued permits. The wallscape…

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