National Advertising Co. v. County of Monterey

I dissent.

In my judgment the majority opinion, although avowedly relying upon decisional precedents, actually represents a radical alteration of existing California law. The resulting change would not in itself cause me concern, if I were satisfied that it was responsive to a growth of principle or that it would in all probability improve the applicable rule of law. Nevertheless, I feel that however pragmatically desirable the majority may view the result in this case, the rule which they have created in achieving it may only confuse the trial courts of this state and in the long run may…