Outcom, Inc. v. Illinois Department of Transportation

State: Illinois

Docket No: 106260 Rel

Case Date: 05/21/2009

Preview:Docket No. 106260.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

OUTCOM, INC., d/b/a Porlier Outdoor Advertising, Appellee, v. THE ILLINOIS DEPARTMENT OF TRANSPORTATION et al., Appellants. Opinion filed May 21, 2009.

CHIEF JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Justices Freeman, Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION At issue in this appeal is whether defendant, the Illinois Department of Transportation (IDOT),1 must issue a permit to plaintiff, Outcom, Inc., a Missouri corporation doing business as Porlier Outdoor Advertising, for the erection of two billboards in the Village of Caseyville, Illinois. IDOT denied plaintiff's permit applications, concluding that plaintiff had failed to demonstrate that the proposed billboard site was continuously used for commercial or
The named defendants include IDOT, its secretary, and two of its engineers. For ease of discussion, we will refer simply to IDOT.
1

industrial activities since September 21, 1959, as required by the Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq. (West 2006)) and IDOT regulations (92 Ill. Adm. Code

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