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CITY OF TUCSON v. WHITECO METROCOM, INC.

No. 2 CA-CV 98-0064.

983 P.2d 759 (1999)

194 Ariz. 390

CITY OF TUCSON, a municipal corporation, Plaintiff/Appellant/Cross-Appellee, v. WHITECO METROCOM, INC., Defendant/Appellee/Cross-Appellant.

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

Redesignated as Opinion April 14, 1999.

Review Denied November 29, 1999.

Attorney(s) appearing for the Case

Thomas J. Berning, City Attorney By Frank William Kern III and Laura Brynwood, Tucson, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Lewis and Roca, LLP By John N. Iurino and Mary Beth Savel, Tucson, Attorneys for Defendant/Appellee/Cross-Appellant.

OPINION

HOWARD, Judge.

¶ 1 Appellant/cross-appellee City of Tucson challenges those portions of the trial court's judgment determining that the City's "vacant lot" ordinance, Tucson Code § 3-59(a)(6)(b), was unenforceable against appellee/cross-appellant Whiteco Metrocom, and that four of Whiteco's billboards were not subject to removal. Whiteco cross-appeals the portion of the trial court's judgment ordering it to remove eleven of its billboards...

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