State, Department of Roads v. World Diversified, Inc.

This case presents the question of whether changes made to a sign constitute the “erection” of a new sign rather than “customary maintenance,” pursuant to 410 Neb. Admin. Code, ch. 3, § 002.01E (1992). The appellees own and or operate a sign located at the Crossroads Mall in Omaha, Nebraska. In 1972, the Legislature passed Neb. Rev. Stat. § 39-1320.06 (Cum. Supp. 1972), now codified at Neb. Rev. Stat. § 39-215 (Cum. Supp. 1996), prohibiting the advertisement of products and services not located on the premises on which a sign is located. The appellees’ sign would have been prohibited by the…