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STATE DEPT. OF HIGHWAYS, ETC. v. PIZZA

No. 80CA0615.

653 P.2d 69 (1982)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Plaintiff-Appellant, v. Ray PIZZA, John R. Mozzetti, and Beverley A. Mozzetti, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

September 9, 1982.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Vicki J. Fowler, Betty B. Cayatte, Malcolm M. Murray, Asst. Attys. Gen., Denver, for plaintiff-appellant.

McClure & Jacobs, P.C., John C. McClure, Gordon J. Bosa, Alamosa, for defendant-appellee Ray Pizza.

No appearance for defendants-appellees John R. and Beverley A. Mozzetti.

VAN CISE, Judge.

Defendant Ray Pizza (sign owner) owns a sign located adjacent to a state highway advertising his restaurant business in Alamosa. The owners of the land on which the sign is located are the defendants John R. and Beverley A. Mozzetti. Plaintiff, State Department of Highways (Department), commenced this action under the Outdoor Advertising Act (the Act), § 43-1-401, et seq., C.R.S.1973, to obtain an order requiring the sign owner to remove his...

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