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ALPERT CORP. v. STATE DEPT. OF HIGHWAYS

No. 28426.

603 P.2d 944 (1979)

THE ALPERT CORPORATION, a Colorado Corporation, Plaintiff-Appellant, v. STATE DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant-Appellee.

Supreme Court of Colorado, En Banc,

December 10, 1979.

Attorney(s) appearing for the Case

Isaacson, Rosenbaum, Spiegleman & Friedman, P.C., Harvey E. Deutsch, Edward T. Ramey, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Vicki J. Fowler, Asst. Atty. Gen., Denver, for defendant-appellee.

DUBOFSKY, Justice.

Plaintiff Alpert Corporation (Alpert) appeals a judgment of the district court directing plaintiff to remove its outdoor advertising device. We affirm.

In early Fall, 1977, Alpert constructed an advertising device next to Interstate Highway 25 in Arapahoe County. Although the area was zoned commercial and was apparently within the requirements of the Colorado Outdoor Advertising Act (the Act), section 43-1-408(1)(d),1<...

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