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CLEAR CHANNEL OUTDOORS v. DEPT. OF TRANSP.

No. M2009-01631-COA-R3-CV.

337 S.W.3d 801 (2010)

CLEAR CHANNEL OUTDOORS et al. v. TENNESSEE DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Tennessee, Middle Section, at Nashville.

September 15, 2010.

Permission to Appeal Denied by Supreme Court February 16, 2011.

Published Pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

Arvin H. Reingold , Chattanooga, Tennessee, for the appellants, Clear Channel Outdoors and George and Katherine Morgan.

Robert E. Cooper, Jr. , Attorney General and Reporter; and Bruce M. Butler , Assistant Attorney General, for the appellee, Tennessee Department of Transportation.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the Court, in which RICHARD H. DINKINS, J., and JERRY SMITH, SP. J., joined.

The issues on appeal pertain to a nonconforming, grandfathered billboard that was destroyed by a natural disaster in 1998. The original billboard, which was erected prior to the enactment of the Billboard Regulation and Control Act, Tenn. Code Ann. § 54-21-101 et seq., was allowed to remain as a nonconforming...

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