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HWY. & TRANSP. COM'R v. CREATIVE DISPLAYS

Record No. 860094.

374 S.E.2d 30 (1988)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER OF VIRGINIA v. CREATIVE DISPLAYS OF NORFOLK, LTD.

Supreme Court of Virginia.

November 18, 1988.

Attorney(s) appearing for the Case

Richard L. Walton, Jr., Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., on brief), for appellant.

Stephen E. Noona (Hunter W. Sims, Jr., Albert H. Poole, Kaufman & Canoles, P.C., Norfolk, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ., and GORDON and HARMAN, Retired Justices.

STEPHENSON, Justice.

This appeal involves the application of Code § 33.1-370, which provides in pertinent part that "no sign or advertisement adjacent to any interstate or federal-aid primary highway shall be erected, maintained, or displayed which is visible from the main-traveled way within 660' of the nearest edge of the right-of-way." (Emphasis added.) The narrow issue is whether a billboard located 123.31 feet from the nearest edge of an interstate...

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