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STATE DEPT. OF ROADS v. WORLD DIVERSIFIED

No. S-96-1017.

576 N.W.2d 198 (1998)

254 Neb. 307

STATE of Nebraska, DEPARTMENT OF ROADS, Appellant, v. WORLD DIVERSIFIED, INC., et al., Appellees.

Supreme Court of Nebraska.

March 27, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and K. Osi Onyekwuluje, Lincoln, for appellant.

Jerold V. Fennell, Omaha, of Domina & Copple, P.C., Norfolk, for appellee World Diversified.

WHITE, C.J., and CAPORALE, WRIGHT, GERRARD, STEPHAN, and McCORMACK, JJ.

PER CURIAM.

This case presents the question of whether changes made to a sign constitute the "erection" of a new sign rather than "customary maintenance," pursuant to 410 Neb. Admin. Code, ch. 3, § 002.01E (1992). The appellees own and or operate a sign located at the Crossroads Mall in Omaha, Nebraska. In 1972, the Legislature passed Neb.Rev.Stat. § 39-1320.06 (Cum.Supp.1972), now codified at Neb.Rev.Stat. § 39-215 (Cum.Supp.1996), prohibiting the...

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