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NATIONAL ADVERTISING v. DEPT. OF HIGHWAYS

No. 86SA102.

751 P.2d 632 (1988)

NATIONAL ADVERTISING COMPANY, a corporation; Edgar Dill; and Boychuk Construction, Inc., a corporation, Plaintiffs-Appellants, v. The DEPARTMENT OF HIGHWAYS OF the STATE OF COLORADO; the State of Colorado; Frank L. Sollee; Ronald E. Richards; and Thomas Einboden, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

March 7, 1988.

Attorney(s) appearing for the Case

Goldstein & Armour, P.C., Alan A. Armour, Darrel L. Campbell, Denver, for plaintiffs-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Lynn B. Obernyer, First Asst. Atty. Gen., Denver, for defendants-appellees.

QUINN, Chief Justice.

The two questions raised in this appeal are (1) whether the control of outdoor advertising signs located within a home-rule municipality along roads of the state highway system is a matter of exclusively local or exclusively statewide concern, or is a matter of mixed local and statewide concern, and (2) whether the State Department of Highways (department) should be estopped from denying a permit for an outdoor advertising sign because a home...

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