Full Case Name
ELLER MEDIA COMPANY, a corporation, Plaintiff/Appellant, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellee
Description
The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards. The Court found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.
Date
06-20-2000
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Tucson, AZ
Disputed Act
Upon remand of Whiteco Outdoor Advertising v. City of Tucson, 193 Ariz. 314, the trial court found that plaintiff had failed to establish its substantive due process or equal protection rights were violated by the City of Tucson's Outdoor Lighting Code provision, which banned light fixtures mounted on the bottom of existing billboards.
Holding
The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards because it found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.
Disposition