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STATE, DEPT. OF TRANSP. v. O'BRYAN

No. 15482.

406 N.W.2d 713 (1987)

The STATE of South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiff and Appellee, v. Lyle O'BRYAN, Lorna O'Bryan, Chuckwagon Cafe, Fred E. Devries, and Zidko Investments Limited, a Nebraska Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Carl W. Quist, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Robert A. Sambroak, Jr., Kadoka, for defendants and appellants.

MORGAN, Justice.

Defendant Lyle O'Bryan (O'Bryan) appeals from a judgment ordering a permanent injunction against O'Bryan involving two outdoor advertising signs. We affirm.

State brought an action against O'Bryan seeking an injunction to compel the removal of two outdoor advertising signs owned by O'Bryan. The signs were erected sometime in 1981, after the passage of SDCL 31-29-63 which regulates outdoor advertising signs. Both parties appear to recognize...

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