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ELLER MEDIA CO. v. CITY OF TUCSON

No. 2 CA-CV 99-0221.

7 P.3d 136 (2000)

198 Ariz. 127

ELLER MEDIA COMPANY, a corporation, Plaintiff/Appellant, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellee.

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

Redesignated as Opinion and Publication Ordered August 2, 2000.

Attorney(s) appearing for the Case

Lewis and Roca, L.L.P. By John N. Iurino, Tucson, Attorneys for Plaintiff/Appellant.

Thomas J. Berning, Tucson City Attorney By Frank William Kern III, Tucson, Attorneys for Defendant/Appellee.

OPINION

BRAMMER, Presiding Judge.

¶ 1 Appellant Eller Media Co. (Eller)1 brought this action to enjoin appellee City of Tucson from enforcing a provision in its Outdoor Lighting Code (OLC) that prohibits bottom-mounted lights on billboards. Eller appeals the trial court's order granting summary judgment in favor of the City on its claims that the prohibition violates its substantive due process and equal protection...

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