City of Tucson outdoor lighting code prohibited bottom-mounted lighting on billboards. Whiteco Outdoor Advertising sought to enjoin city from enforcing lighting code against their existing billboards. The Court held that the City's charter provides general police power to regulate billboard lighting.
The City of Tucson passed an ordinance under the City's Outdoor Lighting Code which banned light fixtures mounted on the bottom of existing billboards. Plaintiff company filed a suit objecting to the requirement that it change its billboards to complay with this new requirement. Plaintiff was granted partial summary judgement because the Superior Court ruled the lighting fixtures were protected as nonconforming uses under ARS §9-462.02(A). The City appealed.