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BANNER ADVERTISING v. PEOPLE

Nos. 92SC796, 93SC70.

868 P.2d 1077 (1994)

BANNER ADVERTISING, INC., Petitioner, v. The PEOPLE OF the CITY OF BOULDER, By and on Behalf of The People of the State of Colorado, Respondent. A AERIAL ADVERTISING BANNERS, INC., d/b/a Banner Advertising, Inc., and Donald R. Mathews, Petitioners, v. The PEOPLE OF the CITY OF BOULDER, By and on Behalf of The People of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

February 14, 1994.

Attorney(s) appearing for the Case

J. Scott Hamilton, P.C., J. Scott Hamilton, Louisville, for petitioner.

Office of the City Atty., Joseph N. de Raismes, III, Claire M. Largesse, Boulder, for respondent.

Yodice Associates, John S. Yodice, Richard K. Ketler, Washington, DC, Treece, Alfrey & Musat, P.C., L. Richard Musat, Denver, for amicus curiae Aircraft Owners and Pilots Ass'n.

Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to decide whether section 10-11-3 of the Boulder City Code prohibiting commercial signs towed by aircraft is preempted by federal law, by operation of the Supremacy Clause of the United States Constitution. A Aerial Advertising Banners, Inc., doing business as Banner Advertising, Inc., Banner Advertising, Inc.,1 and the corporations' president, Donald Mathews, petitioned...

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