Facts: A commercial property owner owned property with an advertising space. The owner used the space to erect an advertisement exceeding the size limitations placed on advertising displays. The owner did not obtain the required permit for the advertising display. The advertisement remained in place for over five years. A government agency issued a notice of violation to the owner.
Claim: The owner sought to maintain the advertising display, claiming it was lawfully erected since it had been maintained for over five years and the agency had not taken action during that time.
Counterclaim: The agency claimed the display was unlawful since it violated state law at the time of its erection and the agency’s inaction during the first five years of its existence did not prevent the agency from taking action after that period.
Holding: A California court of appeals held the display was unlawful since it violated state law at the time of its erection and the agency’s inaction during the first five years of its existence did not prevent the agency from taking action after that period. [West Washington Properties, LLC v. California Department of Transportation (2012) 210 CA4th 1136]
