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STATE EX REL. JONES v. GILES

No. 13002.

541 P.2d 355 (1975)

The STATE of Montana ex rel. Chester L. JONES, County Attorney of Madison County, Montana, Plaintiff and Appellant, v. John M. GILES and Lynn Giles, Defendants and Respondents.

Supreme Court of Montana.

Decided October 10, 1975.

Attorney(s) appearing for the Case

Chester L. Jones, County Atty., Virginia City, argued for plaintiff and appellant.

Goldman, McChesney & Eck, H.L. McChesney argued, Missoula, for defendants and respondents.

Donald A. Douglas argued, Helena, for amicus curiae.

HASWELL, Justice.

The Madison County attorney appeals from a district court judgment dismissing his action to abate as a public nuisance, pursuant to the Montana Outdoor Advertising Act, a commercial sign along a primary state highway.

The facts are undisputed. Defendants, John M. and Lynn Giles, own the King's Motel in Twin Bridges, Montana, which has on its premises, and within 660 feet of the primary highway, a small flashing sign, containing a forty watt...

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