Alper v. State Ex Rel. Department of Highways

OPINION

By the Court,

Gunderson, J.:

This is an appeal from entry of partial summary judgment in respondent’s favor. The case was certified for appeal pursuant to 54(b), Nevada Rules of Civil Procedure.

Appellants Alper, United Outdoor Advertising Company, and E. T. Legg and Company sued the State of Nevada for declaratory relief or injunction. Respondent, State of Nevada, counterclaimed in that action and also brought two separate actions in eminent domain against the other appellants. The three actions were consolidated for hearing in the district court.

The issue before the trial court was…