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DEP'T OF TRANS. v. KELLER DEV. CORP.

No. 5-83-0417.

122 Ill. App.3d 1038 (1984)

462 N.E.2d 532

THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. KELLER DEVELOPMENT CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed February 24, 1984.

Attorney(s) appearing for the Case

Paul D. Giamanco, Special Assistant Attorney General, of Giamanco and Wexstten, of Mt. Vernon, for appellant.

Frank H. Schniederjon, of Schniederjon, Weber, Harvey & Stephens, of Effingham, for appellee.

Judgment affirmed.

JUSTICE KARNS delivered the opinion of the court:

The Illinois Department of Transportation brought a petition to abate nuisance and to enjoin the use of a billboard against Keller Development Corporation pursuant to the Highway Advertising Control Act of 1971 (Ill. Rev. Stat. 1981, ch. 121, par. 501 et seq.). The circuit court of Effingham County denied the Department's prayer. We must determine whether Keller's billboard is unlawful...

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