Opinion
No. 44065.
Filed May 21, 1982.
Appeal from the District Court for Hall County: JOSEPH D. MARTIN, Judge. Affirmed.
Paul L. Douglas, Attorney General, and Sharon M. Lindgren, for appellant.
Cunningham, Blackburn, VonSeggern, Livingston, Francis Riley; and Luebs, Dowding, Beltzer, Leininger Smith, for appellees.
Heard before KRIVOSHA, C.J., BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.
This is an action by the State of Nebraska, Department of Roads, against Art Kraft Signs, Inc., to enjoin the maintenance of an advertising sign which is visible from the main-traveled way of Interstate 80. It is alleged that the erection and maintenance of the sign violates Neb. Rev. Stat. § 39-1320.06 (Reissue 1978) and rules and regulations of the Department of Roads relating to the control of advertising in areas adjacent to the Interstate highway. Among the defenses alleged is that 39-1320.06 is unconstitutional.
This case is controlled by our opinion in State v. Mayhew Products Corp., ante p. 300, 318 N.W.2d 280 (1982). Although additional issues are raised in this case not raised in Mayhew, we cannot, in the light of our holding in State v. Mayhew Products Corp., supra, reach those issues.
AFFIRMED.