1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 43 N.Y.2d
  5. 43 N.Y.2d 483 (1977)
 

SUFFOLK OUTDOOR ADV v. HULSE

43 N.Y.2d 483 (1977)

Suffolk Outdoor Advertising Co., Inc., Respondent-Appellant, v. Theodore O. Hulse et al., Constituting the Town Board of the Town of Southampton, Appellants-Respondents. Collum Signs, Inc., Respondent-Appellant, v. Town Board of the Town of Southampton, Appellant-Respondent. Frank J. Polacek, Jr., Doing Business as Behrle Outdoor Advertising, Respondent-Appellant, v. Town Board of the Town of Southampton, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Richard E. De Petris and Emil R. De Petris for appellants-respondents.

Manly Fleischmann, Carl W. Peterson, Jr., Adelbert Fleischmann, Eugene A. De Nicola and Henry W. Killeen, III, for respondent-appellant.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge JASEN; Judge FUCHSBERG dissents and votes to reverse and declare the ordinance unconstitutional in a separate opinion.

JASEN, J.

The principal question posed on these cross appeals is whether a local zoning ordinance requiring the removal of all off-premises or nonaccessory billboards throughout the town is an unconstitutional exercise of the police power.

On May 2, 1972, the Town of Southampton adopted Building Zone Ordinance No. 26, which prohibited the erection of all nonaccessory billboards (§ 3-50-60.70) in...

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