West Washington Properties v. Cal. Dept. of Transportation
In an administrative proceeding, the California Department of Transportation (Caltrans) found West Washington Properties, LLC (West Washington) was in violation of the Outdoor Advertising Act, Business and Professions Code section 35200, et seq. (the Act), because it did not have a permit for a wallscape it owned, and the display was larger than the Act permits. Caltrans rejected an administrative law judges proposed decision that equitable estoppel and laches barred the agency from enforcing the Act. West Washington petitioned the superior court for a writ of administrative mandate, and also asserted a claim for violation of its civil rights under 42 United States Code, section 1983 (section 1983). The trial court denied the petition and assigned the case for trial of the section 1983 claim. Pursuant to a stipulation with Caltrans, West Washington dismissed the section 1983 claim without prejudice, and appealed from the order denying the petition for writ of administrative mandate. Court dismiss the appeal for lack of jurisdiction.
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