State ex rel. Western Outdoor Advertising Co. v. Missouri Highway & Transportation Commission

FENNER, Judge.

The Missouri Highway and Transportation Commission (hereinafter the Commission) appeals the judgment of the trial court setting aside its order that respondent, Western Outdoor Advertising Co., (hereinafter Western) remove an outdoor advertising sign.

The sign involved herein is located 7.1 miles south of Route 52, adjacent to Route 71, in Bates County, Missouri. The sign is not located within an incorporated municipality nor is it within 600 feet of a commercial or industrial activity. It was erected prior to January 1, 1968, the date when the control provisions of the first…