Name
WHITECO OUTDOOR ADVERTISING, a division of Whiteco Industries, Inc., a Nebraska corporation, Plaintiff/Appellee, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellant
Date
04-28-1998
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Tucson, AZ
Disputed Act
Whether the City of Tucson could ban light fixtures mounted on the bottom of existing billboards owned by Whiteco Outdoor Advertising under the City's Outdoor Lighting Code. Whiteco appealed to superior court and was granted partial summary judgement. Superior court ruled the lighting fixtures were protected as nonconforming uses under ARS §9-462.02(A). City appealed.
Holding
The City's charger provides general police power to regluate billboard lighting.