CINEMA, INC v. CONGDON


59 A.D.2d 52 (1977)

Adventures in Cinema, Inc., Appellant, v. R. Gardner Congdon, as Supervisor of The Town of Moreau, et al., Respondents

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

August 4, 1977


Attorney(s) appearing for the Case

E. Stewart Jones (Arthur L. Rosen of counsel), for appellant.

Vernon N. Green (Patrick J. Mannix of counsel), for respondents.

KANE J. P., MAHONEY, MAIN, HERLIHY, JJ., concur.


LARKIN, J.

Plaintiff seeks judgment declaring the invalidity of an ordinance adopted by the Town of Moreau on June 4, 1974, requiring and regulating the licensing of outdoor drive-in movie theatres within its confines. A permanent injunction is sought to prohibit defendants from enforcing the provisions of the ordinance and, in particular, from proceeding with the prosecution of criminal charges now pending against...

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