COM., TRANSP. CABINET v. WAYFARA, INC.

Nos. 90-CA-2664-MR, 91-CA-450-MR and 91-CA-472-MR.

840 S.W.2d 211 (1992)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. WAYFARA, INC. and Paul and Elizabeth Hamm; Stanley and Lisa Copelin, and Harry Gaddie; and Stuckey's, Inc., Appellees. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. WAYFARA, INC. and Charles Blakey, Ollie Lee Spencer and Louis Gardner; and Stuckey's, Inc., Appellees. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. WAYFARA, INC. and Hilliard Alvey, Raymond Ward, and Everett and Blondie Gaddie; and Stuckey's, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 9, 1992.


Attorney(s) appearing for the Case

Brent J. Potter, Reynolds, Catron, Johnston & Hinton, Bowling Green, Charles D. Moore, Jr., Transp. Cabinet, Frankfort, for appellant.

Ronald L. Gaffney, Mark A. Smedal, Alagia, Day, Marshall, Mintmire & Chauvin, Irvin Abel, III, Alice B. Herrington, Brown, Todd & Heyburn, Louisville, for appellees.

Before HOWERTON, STUMBO and WILHOIT, JJ.


WILHOIT, Judge.

These consolidated appeals are from judgments of the Hardin, Hart, and LaRue Circuit Courts dismissing the appellant's actions by which it sought fines and removal of billboards erected near an interstate highway before 1976 and renovated in 1981 allegedly in violation of the "Billboard Act" (KRS 177.830 through 177.890) as it read in 1981.

The only question raised is whether an amendment to the...

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