DIEMER v. COM., TRANSP. CABINET

Nos. 89-SC-270-DG, 89-SC-271-DG.

786 S.W.2d 861 (1990)

Irvin T. DIEMER, Cecelia B. Diemer, and Huberta Boone d/b/a Boone Advertising Agency, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellee. J. Chester PORTER, Betty Porter, Harry M. Roggenkamp, Jean Roggenkamp, Kenneth Stout, Donna Stout, John Stout, and Huberta Boone d/b/a Boone Advertising Agency, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 26, 1990.


Attorney(s) appearing for the Case

Philip E. Wilson, Earl S. Wilson, Sr., Lexington, J. Chester Porter, Joseph J. Wantland, Walter A. Sholar, Shepherdsville, for appellants.

John H. Davis, Jr., William H. Wallace, Transp. Cabinet, Louisville, for appellee.


LEIBSON, Justice.

The Commonwealth of Kentucky, Transportation Cabinet ("Transportation Cabinet") filed two separate declaratory judgment actions in Bullitt Circuit Court, identical in subject matter, seeking to have certain billboards erected in 1981 declared in violation of the Kentucky Billboard Act (KRS 177.830-.890), and seeking either a mandatory injunction requiring removal or an order enjoining interference with removal of the billboards by Transportation...

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