Sullivan Outdoor Advertising, Inc. v. DEPT. OF TRANSP. OF STATE OF ILLINOIS

.MEMORANDUM DECISION

MARSHALL, District Judge.

Before the court is the state defendants’ motion to dismiss the plaintiff’s two-count complaint challenging the constitutionality of the Illinois Highway Advertising Control Act of 1971, Ill.Rev.Stat. ch. 121, § 501 et seq. The United States Department of Transportation has filed an answer to. the complaint. Jurisdiction is predicated on 28 U.S.C. § 1331 (1970), and an allegation of damages in excess of $10,000.

In 1965 Congress enacted the Highway Beautification Act of 1965. Title I of the Act, 23 U.S.C.A. § 131 (Supp.1976), is de signed to…