Commonwealth, Transportation Cabinet, Department of Highways v. Tri-State Poster Advertising Co.

MILLER, Judge.

Appellants, the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (Highway Department) and Leroy Brown, Chief District Engineer for District 8, appeal an order of the Rockcas-tle Circuit Court permanently enjoining the Highway Department from removing a billboard erected and maintained by appellee, Tri-State Poster Advertising Company (TriState), in violation of the Kentucky Billboard Act. KRS 177.830-.890.

KRS 177.841, as enacted in 1976,1 provides in relevant part as follows:

177.841. BILLBOARD ADVERTISING PROHIBITED — EXCEPTIONS.—(1) Except as otherwise…