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Supreme Court of Alabama, 1992

State Highway Department v. Dyess Outdoor Advertising, Inc.

State Highway Department v. Dyess Outdoor Advertising, Inc.
Supreme Court of Alabama · Decided February 21, 1992 · No. 1901460 · Hornsby, Maddox, Shores, Houston, Ingram
594 So. 2d 1207; 1992 Ala. LEXIS 91; 1992 WL 28974 (Southern Reporter, Second Series)
State Highway Department v. Dyess Outdoor Advertising, Inc.

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Opinion of the Court

PER CURIAM.

The trial court’s summary judgment in favor of Dyess Outdoor Advertising is due to be reversed on the authority of State Highway Department v. Headrick Outdoor Advertising, Inc., 594 So.2d 1202 (Ala. 1992).

Accordingly, we reverse the judgment and remand this case for a determination of whether the billboards in question were erected and are being maintained illegally and must, therefore, be removed; and if so, for a determination of whether Dyess Outdoor Advertising is entitled to just compensation for the removal of the signs from the State Highway Department and, if so, what amount would justly compensate Dyess for their removal.

REVERSED AND REMANDED.

HORNSBY, C.J., and MADDOX, SHORES, HOUSTON and INGRAM, JJ., concur.

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