Icehouse Cold Storage, Inc. v. State Highways & Transportation Commission

SPINDEN, Judge.

This case involves the Missouri Highways and Transportation Commission decision to tear down an older billboard in downtown Kansas City because it ceased to advertise “on premise” goods or services and is advertising “off premise” goods or services.1 The commission contends that such a change in advertising message constitutes the erection of a new billboard and that the billboard is not entitled to a “nonconforming sign” designation.2 Because the commission’s position is contrary to its own regulation, we disagree with it and, therefore, reverse the circuit court’s judgment to…