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UTAH DEPARTMENT OF TRANSPORTATION v. REAGAN OUTDOOR ADVERTISING, INC.

No. 860323-CA.

751 P.2d 270 (1988)

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant, v. REAGAN OUTDOOR ADVERTISING, INC., a Utah corporation, Defendant and Respondent.

Court of Appeals of Utah.

March 15, 1988.

Attorney(s) appearing for the Case

David L. Wilkinson, State Atty. Gen., Donald S. Coleman, Mark C. Moench, David S. Christensen (argued), Physical Resources Div., Asst. Attys. Gen., for plaintiff and appellant.

Douglas T. Hall (argued), Salt Lake City, for defendant and respondent.

Before GREENWOOD, ORME and BILLINGS, JJ.

OPINION

GREENWOOD, Judge:

Plaintiff, the Utah Department of Transportation (UDOT), appeals from the trial court's ruling that UDOT was estopped from removing two of Reagan Outdoor Advertising, Inc.'s (Reagan) billboards because UDOT waited five years before taking action to remove the billboards. We reverse.

In September 1976, Reagan constructed two billboards on U.S. Highway 89 in Davis County, Utah. After an administrative hearing in September...

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