People Ex Rel. Dept. Pub. Wks. v. GOLDEN RULE CH.

49 Cal.App.3d 773 (1975) 122 Cal. Rptr. 596 THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant,

v.

GOLDEN RULE CHURCH ASSOCIATION, Defendant and Respondent.

Docket No. 35888. Court of Appeals of California, First District, Division Four.

June 26, 1975. [775] COUNSEL

Harry S. Fenton, Emerson Rhyner, Stephen A. Mason and Ronald W. Beals for Plaintiff and Appellant.

Howard B. Crittenden, Jr., for Defendant and Respondent.

OPINION

KEANE, J.[*]

Plaintiff, acting by and through its Department of Public Works, now known as the Department of Transportation, filed a complaint against defendant Golden Rule Church Association for injunctive relief to compel removal of an advertising billboard allegedly displayed in violation of the Outdoor Advertising Act (Bus. & Prof. Code, § 5200 et seq.) and for declaratory relief. The trial court found that the sign was lawfully in place prior to the effective date of the Outdoor Advertising Act and entered judgment for the Golden Rule Church Association. Plaintiff appeals from the judgment.

Defendant owns a billboard located adjacent to State Route 101, a primary highway. The billboard is within 660 feet from the edge of the right-of-way of Route 101, and its advertising message is visible from the highway. The sign was erected prior to October 22, 1965. It is not in a "business area" as that term is defined in Business and Professions Code section 5205. The County of Mendocino issued a permit for the advertising display, but a state outdoor advertising permit was not obtained by defendant until May 4, 1966.

Plaintiff contends that the billboard does not conform to the provisions of the Outdoor Advertising Act which makes it subject to removal at any time after July 1, 1970.

[776]