California Court of Appeal

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W. Washington Properties, LLC. v. California Dep't of Transp., B233295

In plaintiff's suit challenging the California Department of Transportation's (Caltrans) finding that plaintiff's advertising display was in violation of the Outdoor Advertising Act, trial court's judgment in favor of Caltrans is affirmed where: 1) the trial court properly denied plaintiff's petition for writ of administrative mandamus where the parties stipulated to facts making it clear the display was not in compliance with the Act when it was erected, and substantial evidence supported a trial court finding that the section 5216.1 presumption was rebutted; 2) the trial court properly refused to apply laches as a defense in this case because the defense is not available when its application would nullify an important policy adopted for the public benefit; and 3) the trial court properly sustained the demurrer to the inverse condemnation claim without leave to amend.

Appellate Information

  • Decided 11/05/2012
  • Published 11/05/2012

Judges

  • Bigelow

Court

  • California Court of Appeal

Counsel

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