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ADAMS OUTDOOR ADVERTISING v. COUNTY OF DANE

No. 2010AP178.

811 N.W.2d 422 (2012)

2012 WI App 28

ADAMS OUTDOOR ADVERTISING, L.P., Plaintiff-Respondent, Town of Madison, Involuntary-Plaintiff, v. COUNTY OF DANE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 2, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by David R. Gault , assistant corporation counsel, of Dane County Corporation Counsel, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas S. Hornig and Kraig A. Byron of Von Briesen & Roper, S.C., Madison. There was oral argument by Thomas S. Hornig.

Before LUNDSTEN, P.J., VERGERONT and HIGGINBOTHAM, JJ.

HIGGINBOTHAM, J.

¶ 1 Dane County appeals a circuit court's declaratory judgment holding that a town billboard ordinance enacted pursuant to Wis. STAT. § 60.23(29) (2009-10)1 (the "town billboard statute") preempts a county's billboard ordinance enacted under Wis. STAT. § 59.69(1) and (4) (the "general zoning statute").2 This dispute stems from Adams Outdoor Advertising, L.P.'s efforts to construct...

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