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NAT. ADVERTISING CO. v. DEPT. OF HIGHWAYS

No. 84SA116.

718 P.2d 1038 (1986)

NATIONAL ADVERTISING COMPANY, a Delaware Corporation, Plaintiff-Appellee, v. The DEPARTMENT OF HIGHWAYS of the State of Colorado, State of Colorado, and Thomas E. Einboden, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

May 12, 1986.

Attorney(s) appearing for the Case

Goldstein & Armour, P.C., Philip Munishor, Alan A. Armour, Denver, for plaintiff-appellee.

L. Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., William Levis, Mark E. May, Asst. Attys. Gen., Denver, for defendants-appellants.

ROVIRA, Justice.

This case is an appeal by the Colorado Department of Highways (Department) from an order by the Denver District Court, holding that the Outdoor Advertising Act, sections 43-1-401 to -420, 17 C.R.S. (1984) (Act), was unconstitutionally retrospective in its operation.1 The court also held that notice procedures used by the Department to inform billboard owners of alleged violations of the Act denied the owners due process...

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