California Court of Appeal

In an administrative mandate action in which plaintiff-business sought to overturn defendant-city's decision requiring plaintiff's business sign to comply with the size requirements of a later enacted ordinance, judgment affirming defendant-city's decision is affirmed, where: 1) the trial court properly used the substantial evidence test, rather than the independent judgment test, to review the administrative decision; and 2) substantial evidence supported defendant-city's findings that reducing the height of the pole sign at issue from 35 feet to the conforming height of 12 feet would not materially impair the sign's visibility or communicative effectiveness under Business and Professions Code section 5499.

Appellate Information

• Decided 03/12/2014
• Published 03/12/2014

Judges

• BUTZ

Court

• California Court of Appeal

Counsel