Lamar Advertising v. State Dot.

The problem presented in these cases centers around the proper construction of Ala. Code 1975, § 23-1-273(5), which is part of the Alabama Highway Beautification Act, § 23-1-270 et seq. The pertinent portion of § 23-1-273 states:

"No sign shall . . . be erected or maintained in an adjacent area after February 10, 1972, . . . except the following:

"(5) . . . [S]igns to be erected in business areas subsequent to February 10, 1972, which when erected, will comply with the provisions of Section 23-1-274. . . ."

(Emphasis added.) The first portion of § 23-1-271(1) of the Alabama Highway…