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ROCHESTER ADV. v. TN. OF BRIGHTON

49 A.D.2d 273 (1975)

Rochester Poster Advertising Co., Inc., Respondent, v. Town of Brighton, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 6, 1975

Attorney(s) appearing for the Case

Antell, Harris, Githler & Calleri (Charles H. Githler, II, of counsel), for appellant.

Harris, Beach & Wilcox (Henry W. Williams, Jr., of counsel), for respondent.

Hancock, Estabrook, Ryan, Shove & Hust (Carl Peterson, Jr., of counsel), for Richards "Of Course", Inc., amicus curiae.

Mazza, Williamson & Clune (Robert I. Williamson of counsel), for RHP, Inc., amicus curiae.

De Graff, Foy, Conway & Holt-Harris (Michael Cunningham of counsel), for Murphy Outdoor Advertising Corp., amicus curiae.

Donald A. Campbell for Adirondack Outdoor, Inc., amicus curiae.

Jaeckle, Fleischmann & Mugel (Adelbert Fleischmann and Brian J. Troy of counsel), for Whitmier & Ferris Co., Inc., amicus curiae.

Lawrence R. Reich for Griese Advertising-Suburban New York, Inc., amicus curiae.

Eugene L. De Nicola for Suffolk Outdoor Advertising Co., Inc., amicus curiae.

MARSH, P. J., CARDAMONE, SIMONS and GOLDMAN, JJ., concur.

DEL VECCHIO, J.

Plaintiff has successfully challenged, as violative of its constitutional rights against the taking of property without due process and without just compensation, a sign and zoning ordinance of the Town of Brighton, the application of which gave plaintiff a period of 34 months during which it was permitted to maintain a nonaccessory outdoor advertising billboard after adoption of the ordinance...

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