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PIGG v. STATE DEPT. OF HIGHWAYS

No. 86SA4.

746 P.2d 961 (1987)

George W. PIGG, Plaintiff-Appellee, v. STATE DEPARTMENT OF HIGHWAYS, State of Colorado; State Highway Commission of Colorado and Joseph A. Fortino, King H. Harris, Grant Wilkins, Charles Hanavan, George D. Alderman, C.W. Brennan, James Golden, Bill E. Roundtree and Richard J. Albrecht, in their official capacities as State Highway Commissioners, and Robert L. Clevenger, in his official capacity as Chief Engineer, State Division of Highways, Defendants-Appellants.

Supreme Court of Colorado.

Rehearing Denied December 21, 1987.

Attorney(s) appearing for the Case

Morris, Lower & Sattler, Bruce W. Sattler, Denver, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mark E. May, Asst. Atty. Gen., Natural Resources Section, Robert A. Hykan, Asst. Atty. Gen., Lynn B. Obernyer, First Asst. Atty. Gen., Denver, for defendants-appellants.

ROVIRA, Justice.

The Colorado Outdoor Advertising Act (Act), § 43-1-401 to -420, 17 C.R.S. (1984), and regulations promulgated thereunder by the appellant Colorado State Department of Highways (Department), 2 C.C.R. 601-3 (1983), restrict the content, size, lighting, and spacing of signs that may be erected and maintained along highways in Colorado. The issue in this case is whether the Act applies to noncommercial advertising devices, and if so whether it is...

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