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Page 8 -- September 25.2003 <br /> <br />version of the ordinance and from inte,~ering or threatening to coerce the re- <br />moval of their signs. <br /> Both parties ask:ed for.judgment without a trial, and the court ruled that the <br />'amended new ordinance was "other,vise enforceable," that the unconstitutional <br />part could be severed, and the 'rest of the new ordinance could function inde- <br />pendently. Thus, the court awarded summary .judgment to the county on the <br />remaining claims since the signs ran afoul of the zoning requirements for height <br />and maximum surface area of the original and new ordinances. <br /> The companies appealed. <br />DECISION: Affirmed. <br /> The unconstitutional aspects of the grandfather clause found in ihe new <br />ordinance were severable from the remainder of the same ordinance. <br /> The final determination of the issue of se.verability "depends on whether <br />the remainder ... is complete in itself and would have been adopted by the <br />legislative body had the latter foreseen the partial invalidity of the statute ... or <br />constitutes a completely operative expression of the legislative intent ... [and <br />is] so connected with the rest of the.statute as to be inseparable." <br /> The billboards in question were illegal simply because of the height and <br />surface area restrictions clearly specified in both the original and amended, <br />new ordinance. Their claim for damages based on their charge of unconstitu- <br />tionality failed because these billboards were independently illegal. <br />Citation: l/alley Outdoor Inc. v. County of RiYerside, 9th U.S. Circuit Court of <br />Appeals, No. 02-55475 (2003). <br />The 9th Circuit nas j ur~sd~crton over Alaska, Arizona, Cali~brnia, Guam, Hawaii, <br />Idaho, Montana, Nevada, Oregon, and Washington. <br />see alxo: Calfarm Insurance Cc). v. Deukmejian, 77] P. 2d !247 (1959). <br /> <br /> Zoning Bulletin <br />To order Zoning Bulletin, call (800) 229-2084, or.complete and return this <br />form to Quinlan Publishing Group, 23 Dr/dock Ave., Boston, MA 02210-2387, <br />or fax (800) 539-8889. <br /> $107 (plus $9.81 s&h) -- 1 year (24- issues) <br /> <br /> ~;D New subscription Q Payment enclosed <br /> Q Renewal subscription [23 Bill me ZBN3 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City_ State <br />Phone Fax <br />Email <br /> <br />Zip <br /> <br />114 <br /> <br /> <br />