LOSEE v. CITY OF JOHNSTOWN


86 A.D.2d 286 (1982)

Joseph Losee, as Pastor of The Living Waters Christian Church, Respondent, v. City of Johnstown et al., Appellants

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

May 13, 1982


Attorney(s) appearing for the Case

George E. Langr for appellants.

Mark E. Hallenbeck for respondent.

KANE, MAIN, MIKOLL and YESAWICH, JR., JJ., concur.


SWEENEY, J. P.

The underlying action is one seeking to declare unconstitutional a certain resolution adopted by the City of Johnstown. The resolution reads as follows: "RESOLVED that the Charles Jenner Band Shell in the Sir William Johnson Park shall be available to organizations on a first come, first served basis, upon receiving a permit from the City Clerk and proof of insurance, for presentation of Performing Arts only and for...

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