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VIACOM OUTDOOR, INC. v. CITY OF ARCATA

No. A110628.

44 Cal.Rptr.3d 300 (2006)

140 Cal.App.4th 230

VIACOM OUTDOOR, INC., Plaintiff and Respondent, v. CITY OF ARCATA et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

June 8, 2006.

Attorney(s) appearing for the Case

Law Offices of Nancy Diamond, Nancy Diamond, San Rafael; Mitchell, Brisso, Delaney & Vrieze, William F. Mitchell and Nancy K. Delaney, Eureka, Attorneys for Defendants and Appellants.

Greines, Martin, Stein & Richland LLP, Timothy T. Coates, Los Angeles, for League of California Cities and California State Association of Counties, Attorney for Amici Curiae on behalf of Appellants.

Barnum & Herman, William F. Barnum, Eureka, Attorney for Plaintiff and Respondent.

BUSCH, J.*

The trial court determined that state law preempted the efforts by the City of Arcata (City) to enforce its ordinances requiring permits before Viacom Outdoor, Inc. (Viacom) could rebuild a number of wind-destroyed billboards. Because it had no authority to insist on compliance with its ordinances, the City was also found to have violated Viacom's federal civil rights. Damages and attorney fees were awarded to Viacom under federal...

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