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OLD BROADWAY CORP. v. BACKES

Civ. No. 890165.

450 N.W.2d 734 (1990)

OLD BROADWAY CORPORATION; Paradiso of Bismarck, Inc.; Select Inns of America, Inc.; Edmond Lefreniere, d/b/a Happy Host Inn; J.E.P. Incorporated; Wold Properties, Inc.; Fagerholt-Jackson, Inc.; and Dakota Bank & Trust Company, Plaintiffs and Appellants, v. Richard J. BACKES as North Dakota State Highway Commissioner, Defendant and Appellee.

Supreme Court of North Dakota.

January 18, 1990.

Attorney(s) appearing for the Case

Vinje Law Office, Lamb, McNair, Larson & Carlson, Ltd., Fargo, and Robert J. Schaefer, Moorhead, Minn., for plaintiffs and appellants; argued by Edmund G. Vinje II, Fargo. Appearance by Robert J. Schaefer.

Robert E. Lane (argued), Asst. Atty. Gen., State Highway Dept., Bismarck, for defendant and appellee.

MESCHKE, Justice.

Thirty-nine advertisers, who leased advertising space on 62 outdoor advertising signs in North Dakota, appealed from a judgment dismissing their request for a writ to prevent the North Dakota Highway Commissioner from removing the signs. We affirm.

These outdoor advertising signs, identified as "interim permitted signs," have been here before in litigation between the Commissioner and the sign owners. Newman Signs, Inc. v. Hjelle,...

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