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YOUNG ELEC. SIGN CO. v. STATE

No. 20040265-CA.

110 P.3d 1118 (2005)

2005 UT App 169

YOUNG ELECTRIC SIGN COMPANY, INC., a Utah corporation, Plaintiff and Appellant, v. STATE of Utah, by and through the UTAH DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied May 4, 2005.

Attorney(s) appearing for the Case

Heidi E. Leithead, Parr Waddoups Brown Gee & Loveless, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Mark E. Burns, asst. atty. gen., Salt Lake City, for Appellee.

Before BILLINGS, P.J., BENCH, Associate P.J., and JACKSON, J.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Plaintiff Young Electric Sign Company (Young) appeals the trial court's order denying its motion for summary judgment and granting the Utah Department of Transportation's (UDOT) cross-motion for summary judgment. Specifically, Young argues that the trial court erred by upholding UDOT's denial of Young's application to erect an outdoor advertising sign. We reverse.

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