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IMMACULATE CONCEPTION v. DEPT. OF TRANSP.

No. 01-1493.

656 N.W.2d 513 (2003)

IMMACULATE CONCEPTION CORP. and Don Bosco High School, Appellees, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

January 23, 2003.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellant.

John W. Holmes of Holmes & Holmes, Waterloo, for appellees.

NEUMAN, Justice.

This appeal concerns Iowa Code section 306C.11 (1999), the statute that regulates outdoor advertising devices along Iowa's primary highways. The Iowa Department of Transportation (DOT) enforced the statute against Don Bosco High School, requiring it to remove thirty-seven "booster signs" visible to the traveled portion of highway 297. The district court reversed the agency's decision, finding that either an on-premise exception applied or the statute...

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