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STATE EX REL. DEPT. OF HIGHWAYS v. ALPER

No. 15051.

706 P.2d 139 (1985)

STATE of Nevada, on Relation of its DEPARTMENT OF HIGHWAYS, Appellant, v. Arby ALPER, Ruth Alper, United Outdoor Advertising Company, E.T. Legg & Company, Car Displays, Inc., James Van Der Meer, Susan Ann Punjuv, Amy Thompson, Malena Van Der Meer, Trustees for the Van Der Meer grandchildren, Young Electric Sign Company, Emil Miller and Dorinda Morgan, Respondents.

Supreme Court of Nevada.

September 24, 1985.

Attorney(s) appearing for the Case

Brian McKay, Atty. Gen., William M. Raymond, Deputy Atty. Gen., Madelyn Shipman, Deputy Atty. Gen., Carson City, for appellant.

George Rudiak, Rudiak & Larson, Las Vegas, for respondent Young Electric Sign Co.

George Rudiak, Rudiak & Larson, Las Vegas, and Kermitt L. Waters, Las Vegas, for respondents.

OPINION

PER CURIAM:

For the third time in just five years, and after two remands to the court below, this court must again consider the application of the so-called "Lady Bird Act" to condemnation proceedings involving billboards.

This matter began in February, 1978, when the Department of Transportation1 condemned billboards adjacent to Interstate 15 pursuant to the Federal Highway Beautification Act, currently codified...

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