City of Banning v. Desert Outdoor Advertising, Inc.

This is an action by the City of Banning, the plaintiff and respondent herein, against Desert Outdoor Advertising, Inc., a corporation, the defendant and appellant herein, to enjoin the maintenance of a billboard sign located 4 feet from an abutting roadway, in violation of a city ordinance establishing a 20-foot setback for all buildings or structures. The sole issue on appeal is whether the evidence establishes, as a matter of law, that enforcement of the subject ordinance against the defendant, under the facts in this case, is discriminatory and prohibited by the constitutional provisions…