ELR Citation: ELR 20331
No(s). 12198 (Utah Jun 14, 1971)

The Utah State Road Commission is enjoined from removing new billboard erected by plaintiffs because the billboard—although exceeding the size limitations specified in the Commission's permit—is merely a continuation of a prior nonconforming use that has been changed only to the extent contemplated by the parties during negotiations prior to construction. The Commission has not offered to compensate plaintiffs for removal of the sign, and the trial court rightfully found that elimination of the sign in such circumstances violated plaintiffs' property rights. Plaintiffs are not estopped by laches.

Counsel for National Advertising Company:
Gordon L. Roberts
Parsons, Behle and Latimer
Kearns Bldg., Suite 520
136 South Main Street
Salt Lake City, UT 84101
(801) 328-0126

Counsel for Utah State Road Commission:
Vernon B. Romney Attorney General
Donald S. Coleman Assistant Attorney General
Utah State Capitol Bldg.
Salt Lake City, UT
(801) 328-5261

Callister, Ch. J., Tuckett, and Henroid, JJ., concur.

Ellett, J., concurs in the result.