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STATE DEPT. OF ROADS v. POPCO, INC.

No. S-93-184.

528 N.W.2d 281 (1995)

247 Neb. 440

STATE of Nebraska, DEPARTMENT OF ROADS, Appellee, v. POPCO, INC., Sign Owner and Landowner, Appellant.

Supreme Court of Nebraska.

March 3, 1995.

Attorney(s) appearing for the Case

Tim B. Streff and J. Patrick Green, of Wintroub, Rinden & Sens, Omaha, for appellant.

Don Stenberg, Atty. Gen., and K. Osi Onyekwuluje, Lincoln, for appellee.

Before HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.

WRIGHT, Justice.

Popco, Inc., appeals the judgment of the Douglas County District Court which ordered Popco to remove the contents (the two advertisements) of a billboard from its property and enjoined Popco from maintaining on its property any sign which violates state law and the regulations of the Nebraska Department of Roads.

SCOPE OF REVIEW

The burden of establishing the unconstitutionality of a statute is on the one attacking its validity....

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