Eller Outdoor Advertising of Kansas City ex rel. Eller Outdoor Advertising of St. Louis Division v. Missouri State Highway Commission

DIXON, Judge.

These are consolidated appeals from separate determinations by the Circuit Court of Cole County that plaintiffs-appellants must remove certain billboards without compensation, pursuant to the order of respondent, Missouri State Highway Commission.

The parties stipulated in the trial court and concede in their briefs on this appeal that the dispositive issue is whether the signs in question violate the provisions of § 226.540(3Xa)b RSMo 1978:

b. Outside of incorporated municipalities, no structure may be located adjacent to or within five hundred feet of an interchange, intersection…