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MOORE v. WARD

377 S.W.2d 881 (1964)

Lee MOORE et al., Appellants, v. Henry WARD, Commissioner of Highways of Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

April 10, 1964.

Attorney(s) appearing for the Case

Marshall, Cochran, Heyburn & Wells, James W. Hendricks, Louisville, William A. Young, Hazelrigg & Cox, Frankfort, for appellants.

Stanley B. Mayer, Louisville, for amicus curiae, Mayer, Cooper & Kiel, Louisville, of counsel.

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., James J. Shannon, Jr., Asst. Director of Law, Dept. of Highways, Frankfort, Oldham Clarke, Sp. Counsel, Dept. of Highways, Louisville, for appellees.

CLAY, Commissioner.

This suit was brought to test the constitutionality of the "Billboard Act" (KRS 177.830 to 177.990, enacted in 1960). Appellants represent three classes of property owners who have an interest in the maintenance of advertising signs in areas near public highways. The statute was upheld by the Chancellor.

In substance the Act prohibits the erection of any "advertising device" on private property within 660 feet of the right of way line of...

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