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HIGHWAY & TRANSP. DEPT. v. KIDDER

No. 96-645.

933 S.W.2d 794 (1996)

326 Ark. 595

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, Appellant, v. Milton A. KIDDER and Douglas Kidder, Appellees.

Supreme Court of Arkansas.

November 18, 1996.

Attorney(s) appearing for the Case

Robert L. Wilson, Maria L. Schenetzke, Little Rock, for Appellant.

J. Leslie Evitts, Fort Smith, for Appellee.

DUDLEY, Justice.

On April 16, 1993, the Arkansas State Highway and Transportation Department notified Milton and Doug Kidder that their large, four-sided, rotating billboard located next to State Highway 22 in Fort Smith could no longer rotate or move in any way. The Kidders responded that the billboard had been rotating since 1965, and its rotation was protected under a "grandfather clause." They requested a hearing. The...

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