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SUFFOLK ADV. v. SOUTHAMPTON

60 N.Y.2d 70 (1983)

In the Matter of Suffolk Outdoor Advertising Co., Inc., Appellant, v. Town of Southampton et al., Respondents. In the Matter of Collum Signs, Inc., Appellant, v. Martin Lang, as Supervisor of the Town of Southampton, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Carl W. Peterson, Jr., and Eugene L. De Nicola for Suffolk Outdoor Advertising Co., Inc., appellant, and Christopher K. McKeever for Collum Signs, Inc., appellant.

Richard E. De Petris for respondents in both proceedings.

Robert Abrams, Attorney-General (Lawrence A. Rappoport, Peter H. Schiff and James A. Sevinsky of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.

MEYER, J.

Notwithstanding the amendments of the Federal Highway Beautification Act of 1965 (US Code, tit 23, § 131) made by the Surface Transportation Assistance Act of 1978 (Pub L 95-599, § 122 [a], [b]), compensation need not be paid by a municipality which requires removal of outdoor advertising signs, provided a reasonable amortization period is allowed by the removal ordinance. As applied to petitioners...

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