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OUTDOOR SYSTEMS, INC. v. CITY OF MESA

Nos. 88-15804, 88-15838, 89-15568, 90-15208.

997 F.2d 604 (1993)

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

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 21, 1990.

Reargued and Submitted December 9, 1992.

Decided June 30, 1993.

Attorney(s) appearing for the Case

J. LaMar Shelley, Shelley & Bethea, Mesa, AZ, for defendants-appellants/cross-appellees.

Martin A. Aronson, Beus, Gilbert & Morrill, Phoenix, AZ, for plaintiffs-appellees/cross-appellants.

John N. Iurino, Lewis and Roca, Tucson, AZ, for plaintiff-appellant.

Bradford C. Detrick, Deputy City Atty., and John Gabroy, Gabroy, Rollman & Bossi; P.C., Tucson, AZ, for defendant-appellee.

Before: WALLACE, Chief Judge, ALARCON and LEAVY, Circuit Judges.

WALLACE, Chief Judge:

The continuing efforts of cities to eradicate what they perceive to be a visual blight and safety hazard has resulted in billboard litigation raising complicated constitutional and statutory claims. This case is no exception. Hoping to obviate the need for constitutional adjudication, we certified a question to the Supreme Court of Arizona, which accepted the task of determining whether the sign codes before us violate relevant Arizona statutes...

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