Rainey v. California Dept. of Transportation
Scott Rainey is engaged in the business of outdoor advertising. He brought this action for inverse condemnation, declaratory relief, and related claims against the California Department of Transportation (Caltrans) after Caltrans notified him that his long-existing advertising display was illegal, but then never held an administrative hearing to adjudicate the claimed illegality of the display space. The court granted Raineys summary adjudication motion and declared that Rainey was entitled to maintain the advertising display because an uncontested use of the property had existed for more than five years before Caltrans provided notice of a violation. (Bus. & Prof. Code, 5216.1.) The court further found that [Caltrans] is estopped from challenging Plaintiffs advertising, having waited 8 years to issue a citation and then failing to prove the violation [at an administrative hearing] despite orders from this Court to do so. The court held a bench trial on the issue of damages, and awarded Rainey $260,743 in lost profits. Court affirm the judgment.
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