PEOPLE, DEPT. OF TRANSP. v. NAEGELE OUTDOOR ADVTG. CO.

Docket No. L.A. 31911.

38 Cal.3d 509 (1985)

698 P.2d 150

213 Cal. Rptr. 247

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant. DESERT OUTDOOR ADVERTISING, INC., Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant.

Supreme Court of California.

May 2, 1985.


Attorney(s) appearing for the Case

COUNSEL

Best, Best & Krieger, Barton C. Gaut, Ronald J. Kohut and Richard Cross for Defendant and Appellant.

Barbara E. Karshmer, Frampton, Karshmer & Kesselman and Art Bunce as Amici Curiae on behalf of Defendant and Appellant.

Robert F. Carlson, Gordon S. Baca, Charles E. Spencer, Jr., William M. McMillan, Ruby A. Theophile, Maxwell, Wright & Wheeler and Sprague Wheeler for Plaintiffs and Respondents.


OPINION

GRODIN, J.

This case presents the question whether the State of California may regulate billboards on Indian reservations. Upon examination of the statutes, legislative history, and precedents involved, we conclude that the state's regulatory authority is preempted by federal law.

This consolidated appeal stems from two separate judgments entered after the trial court granted each plaintiff's motion for summary judgment...

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