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KUNZ & CO. v. STATE, DEPT. OF TRANSP.

No. 970216-CA.

949 P.2d 763 (1997)

KUNZ & COMPANY dba Kunz Outdoor Advertising, a California corporation, Plaintiff and Appellee, v. STATE of Utah, DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Court of Appeals of Utah.

November 28, 1997.

Attorney(s) appearing for the Case

Jan Graham and Ralph L. Finlayson, Salt Lake City, for Defendant and Appellant.

D. William Ronnow and John J. Walton, Salt Lake City, for Plaintiff and Appellee.

Before WILKINS, Associate P.J., and BILLINGS and GREENWOOD, JJ.

OPINION

WILKINS, Associate Presiding Judge:

The Utah Department of Transportation (UDOT) appeals the trial court's adverse declaratory judgment concluding that the prohibition contained in the Outdoor Advertising Act, under Utah Code Ann. §§ 27-12-136.2, -136.3(3) (1995 & Supp.1997), does not apply to the facts of this case. We affirm.

BACKGROUND

This matter has been before us previously...

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