(DOWNLOAD) "Metromedia Inc. V. City Of San Diego" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: Metromedia Inc. V. City Of San Diego
- Author : Supreme Court Of California
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The City of San Diego enacted an ordinance which, with certain exceptions, bans erection of off-site billboards*fn1 within the city limits; the ordinance also requires removal of existing off-site billboards after expiration of an amortization period. (San Diego Ord. No. 10795 (New Series).) On motion for summary judgment, the superior court adjudged the ordinance unconstitutional, and issued an injunction barring its enforcement. In our 1980 decision, we reversed the superior court judgment and upheld the ordinance against claims that it violated the First Amendment and exceeded the scope of the city's police power. (Metromedia, Inc. v. City of San Diego (1980) 26 Cal. 3d 848 [164 Cal. Rptr. 510, 610 P.2d 407].) The United States Supreme Court in turn reversed our decision, holding that the ordinance's prohibition on noncommercial billboards violated the First Amendment. (Metromedia, Inc. v. San Diego (1981) 453 U.S. 490 [69 L.Ed.2d 800, 101 S.Ct. 2882].)*fn2 The court then remanded the case to us to determine whether the constitutionality of the ordinance could be saved by a limiting judicial construction of its terms or by severance of unconstitutional provisions from the balance of the enactment.