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MOBILE SIGN INC. v. TOWN OF BROOKHAVEN

No. 87 C 0757.

670 F.Supp. 68 (1987)

MOBILE SIGN INC., Porta-Ad Ltd., Janice DeSouza d/b/a J & M Sign Service, Michael Donovan, Mario Pappalardo, and New York State Sign Association, Plaintiffs, v. TOWN OF BROOKHAVEN, Defendant.

United States District Court, E.D. New York.

As Amended October 8, 1987.

Attorney(s) appearing for the Case

Rothschild, Esposito, Himmelfarb, Sher & Pearl, White Plains, N.Y. (Michael R. Pearl, of counsel), for plaintiffs.

Allen I. Sak, Town Atty., Town of Brookhaven (Denise F. Molia, Asst. Town Atty., Medford, N.Y., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiffs brought this action for a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 declaring certain amended sections of the Code ("Code") of the Town of Brookhaven ("Town") unconstitutional and for a permanent injunction restraining the Town from enforcing them. Plaintiffs also seek attorney's fees pursuant to 42 U.S.C. § 1988. Plaintiffs claim that their rights have been violated...

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