Whiteco Outdoor Advertising v. City of Tucson

PELANDER, Presiding Judge.

¶ 1 The primary issue in this case is whether a charter city, in the exercise of its general regulatory police powers, may ban light fixtures mounted on the bottom of existing billboards, or whether Arizona’s nonconforming use statute, A.R.S. § 9-462.02(A), precludes it from doing so. Adopting the latter view, the trial court granted partial summary judgment in favor of Whiteco Outdoor Advertising. The City of Tucson appeals from that ruling and the trial court’s judgment entered thereon. We vacate the judgment and remand for further proceedings.

BACKGROUND

¶ 2 Whiteco…