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THE LAMAR CO., LLC v. CITY OF FREMONT

No. S-08-590.

771 N.W.2d 894 (2009)

278 Neb. 485

THE LAMAR COMPANY, LLC, a Louisiana Limited Liability Company, doing business as The Lamar Companies, Appellant and Cross-Appellee, v. CITY OF FREMONT, a Municipality, et al., Appellees and Cross-Appellants, and Nelsen Enterprises, Inc., a Nebraska Corporation, doing business as Victor Outdoor Advertising, Appellee.

Supreme Court of Nebraska.

September 4, 2009.

Attorney(s) appearing for the Case

Amy S. Geren, of Geren Law, and, on brief, Aimee J. Haley, of Fullenkamp, Doyle & Jobeun, Omaha, for appellant.

Daniel J. Epstein and Michael F. Kinney, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee City of Fremont.

Thomas B. Thomsen, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellees Larsen International, Inc., et al.

David C. Mitchell, of Yost, Schafersman, Lamme, Hillis, Mitchell & Schulz, P.C., L.L.O., Fremont, for appellee Nelsen Enterprises, Inc.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF THE CASE

Appellant, The Lamar Company, LLC, doing business as The Lamar Companies (Lamar), had nonconforming billboard signs situated on land in Fremont, Nebraska, pursuant to periodic lease agreements with appellee landowners. In 2003, the Fremont city ordinances were amended to allow replacement of nonconforming signs, and the landowners leasing to Lamar discontinued their leases with Lamar and leased the space to a different...

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