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WHITECO OUTDOOR AD. v. CITY OF TUCSON

No. 2 CA-CV 97-0209.

972 P.2d 647 (1998)

193 Ariz. 314

WHITECO OUTDOOR ADVERTISING, a division of Whiteco Industries, Inc., a Nebraska corporation, Plaintiff/Appellee, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied March 19, 1999.

Attorney(s) appearing for the Case

Thomas J. Berning, City Attorney by Frank William Kern, III and Laura Brynwood, Tucson, for Defendant/Appellant.

Lewis and Roca by Frank S. Bangs, Jr. and Mary Beth Savel, Tucson, for Plaintiff/Appellee.

PELANDER, Presiding Judge.

¶ 1 The primary issue in this case is whether a charter city, in the exercise of its general regulatory police powers, may ban light fixtures mounted on the bottom of existing billboards, or whether Arizona's nonconforming use statute, A.R.S. § 9-462.02(A), precludes it from doing so. Adopting the latter view, the trial court granted partial summary judgment in favor of Whiteco Outdoor Advertising. The City of Tucson appeals from...

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