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LAMAR ADVERTISING OF PENN v. TOWN OF ORCHARD PARK

Docket Nos. 03-7287(L), 03-7335(XAP).

356 F.3d 365 (2004)

LAMAR ADVERTISING OF PENN, LLC, Plaintiff-Appellant — Cross-Appellee, v. TOWN OF ORCHARD PARK, NEW YORK, Defendant-Appellee — Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2004.

Attorney(s) appearing for the Case

J. Joseph Wilder, Wilder & Linneball, LLP (Laura Linneball, of counsel), Buffalo, NY, for Plaintiff-Appellant — Cross-Appellee.

Thomas Knab, Hiscock & Barclay, LLP (Leonard Berkowitz, Orchard Park, NY, on the brief), Buffalo, NY, for Defendant-Appellee — Cross-Appellant.

Before: CARDAMONE, SOTOMAYOR, KATZMANN, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Lamar Advertising of Penn, LLC ("Lamar") filed suit in August 2001, challenging a local ordinance governing the erection and maintenance of signs in the Town of Orchard Park, New York ("Orchard Park" or "the Town"), as facially unconstitutional. Lamar thereafter moved for preliminary and permanent injunctions in conjunction with its motion for summary judgment. Just prior to filing its reply to Lamar's motion for summary judgment, however...

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