Highway Dept. v. Stuckey's/DQ of Grand Bay

The Alabama Highway Department and its director appeal from a judgment declaring that a billboard belonging to the plaintiff, Stuckey's/DQ of Grand Bay, Inc. ("Stuckey's"), does not violate the provisions of the Highway Beautification Act — Outdoor Advertising, Alabama Code 1975, §§ 23-1-270 through -288.1 We affirm.

In 1965, Congress enacted the Federal Highway Beautification Act, 23 U.S.C. § 131, requiring states to either enact laws regulating highway advertising or face reduction of federal highway funding. Federal regulations under the Act permitted maintenance and continuance or…