Octopus painting still up - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Octopus painting still up

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WALLA WALLA, Wash.—Back in April, a judge in Walla Walla decided the giant octopus painting at the Inland Octopus toy store must come down, but it's still up.

The judge ruled that the 150 square foot artwork violates the city's 20-year-old "sign code."  That meant the Inland Octopus toy store owner, Bob Cats if, had to remove it.

The city attorney, Tim Donaldson, says Catsiff has appealed.  His case has been sent to the Washington Supreme Court, but the city attorney says he doesn't think a decision will be made anytime soon.

"One of the appeals courts will be scheduling a hearing on the matter.  I don't expect the hearing to be conducted until early winter maybe even late winter 2011 or 2012," says Tim Donaldson, Walla Walla City Attorney.

Donaldson says after the hearing, a written decision will be finalized either spring or early summer.  Until then, Catsiff can keep his painting up, but a $100 fine is tacked on for every day.  Right now fines total more than $24,000.