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HOMER TWP. v. BILLBOARDS BY JOHNSON, INC.

Docket No. 256216.

708 N.W.2d 737 (2005)

268 Mich. App. 500

TOWNSHIP OF HOMER, Plaintiff/Counter-Defendant-Appellee/Cross-Appellant, v. BILLBOARDS BY JOHNSON, INC., Defendant/Counter-Plaintiff-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided October 27, 2005, at 9:10 a.m.

Released for Publication January 6, 2006.

Attorney(s) appearing for the Case

Currie Kendall, PLC (by Peter A. Poznak), Midland, for the plaintiff.

Terry E. Heiss, Ada, for the defendant.

Before: KELLY, P.J., and METER and DAVIS, JJ.

DAVIS, J.

In this interlocutory appeal, we granted defendant leave to appeal a partial grant of summary disposition, in which the trial court held that the Highway Advertising Act (HAA), MCL 252.301 et seq., did not preempt two of plaintiff's billboard ordinances. One ordinance prohibited "cross-reader" billboards, which are two-sided billboards displaying advertising to highway traffic traveling in both directions. Defendant added a second face to an existing...

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