City of Tempe v. Outdoor Systems, Inc.

OPINION

GARBARINO, Presiding Judge.

¶ 1 The City of Tempe appeals from the trial court’s grant of summary judgment dismissing the City’s complaint against Outdoor Systems, Inc. (OSI), Aaron Rents, Inc., and Newport Associates, Inc. (collectively the Defendants). The City’s complaint alleged that OSI violated Arizona Revised Statutes (A.R.S.) § 9-462.02 (Supp.2000) and Tempe Zoning Ordinance No. 808 (1986) when it altered a billboard. We affirm in part, vacate in part, and remand.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The facts are not in dispute. In 1983, the City issued a sign permit to erect a…