Commonwealth, Transportation Cabinet, Department of Highways v. G.L.G., Inc.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a summary judgment entered by the circuit court in favor of the Transportation Cabinet in an action enforcing the removal of a billboard erected by G.L.G., Inc., adjacent to Interstate 75 in Laurel County. The Court of Appeals reversed on the basis that material questions of fact exist which make summary judgment inappropriate.

The principal issue in this case is whether the billboard in question falls within the exception found in KRS 177.860(4), which provides:

The commissioner of highways shall…