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STATE, DEPT. OF ROADS v. HOUTWED

No. 43992.

320 N.W.2d 97 (1982)

211 Neb. 681

STATE of Nebraska, DEPARTMENT OF ROADS, Appellee, v. Allan HOUTWED, doing business as Palmer Inn, Appellant.

Supreme Court of Nebraska.

May 28, 1982.

Attorney(s) appearing for the Case

John R. Brogan of Brogan, McCluskey & Wolstenholm, York, for appellant.

Paul L. Douglas, Atty. Gen., and Sharon M. Lindgren, Lincoln, for appellee.

Heard before KRIVOSHA, C. J., WHITE, and CAPORALE, JJ., and MURPHY and WHITEHEAD, District Judges.

MURPHY, District Judge.

This is an action for a permanent injunction brought by the State of Nebraska, Department of Roads, against Allan Houtwed, doing business as Palmer Inn, seeking the removal of an advertising sign adjacent to Interstate 80 near York, Nebraska. In its petition the plaintiff alleges authority for its action and the remedy sought under the provisions of Neb.Rev.Stat. § 39-1320.10 (Reissue 1978), which provides in part: "[T]he Director-State...

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