MODJESKA SIGN v. BERLE


43 N.Y.2d 468 (1977)

Modjeska Sign Studios, Inc., Appellant, v. Peter A. A. Berle, Individually and as Commissioner of the Department of Environmental Conservation of the State of New York, Respondent. Charles A. Dale, Jr., as President and on Behalf of the Outdoor Advertising Association of New York, Proposed Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1977.


Attorney(s) appearing for the Case

Manly Fleischmann, Carl W. Peterson, Jr., Adelbert Fleischmann and Henry W. Killeen, III, for appellant.

Adelbert Fleischmann and Henry W. Killeen, III, for proposed intervenor-appellant.

Louis J. Lefkowitz, Attorney-General (Stanley Fishman, Ruth Kessler Toch and Susan Marie Tatro of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

At issue on this appeal is whether the State, having enacted legislation regulating advertising signs and structures in the Catskill and Adirondack Parks, may, after the expiration of a six and one-half year amortization period, require the removal of nonconforming signs without compensation.

ECL 9-0305 (subd 1) provides that to ensure the natural beauty of the Catskill and Adirondack Parks...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases