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OUTDOOR SYSTEMS, INC. v. CITY OF MESA

No. CV-90-0198-CQ.

169 Ariz. 301 (1991)

819 P.2d 44

OUTDOOR SYSTEMS, INC., an Arizona corporation; Milton Lee, Trustee for the Danny O. Lee Trust, Plaintiffs/Appellees/Appellants, v. CITY OF MESA, an Arizona municipal corporation, Defendant/Appellant/Appellee. WHITECO METROCOM, INC., an Indiana corporation, Plaintiff/Appellant, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

October 15, 1991.

Attorney(s) appearing for the Case

Beus, Gilbert & Morrill by Martin A. Aronson, Mark C. Dangerfield, Phoenix, for Outdoor Systems, Inc. and Milton Lee.

Shelley, Turley, Swan & Bethea by J. LaMar Shelley, Mesa, for City of Mesa.

Lewis and Roca by John N. Iurino, Susan M. Freeman, Gary Dukarich, Tucson, for Whiteco Metrocom, Inc.

Bradford C. Detrick, City of Tucson Deputy Atty., and Gabroy, Rollman & Bosse, P.C. by John Gabroy, Lyle D. Aldridge, Tucson, for City of Tucson.

OPINION

CORCORAN, Justice.

The United States Court of Appeals for the Ninth Circuit, 902 F.2d 1579, 902 F.2d 1580, has certified to this court the following questions of law:

1. Does the City of Mesa sign code, in prohibiting all off-site billboards, exceed the authority delegated to the city by A.R.S. § 9-462.01(A)(2)? 2. Do the City of Mesa and City of Tucson sign codes, in requiring the removal of preexisting nonconforming billboards...

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