NATIONAL ADVERTISING CO. v. TOWN OF BABYLON

Nos. 432, 433 and 246-248, Dockets 89-7144, 89-7192, 89-7248, 89-7480 and 89-7506.

900 F.2d 551 (1990)

NATIONAL ADVERTISING COMPANY, Plaintiff-Appellee-Cross-Appellant, v. TOWN OF BABYLON, Incorporated Village of Lindenhurst, Town of Brookhaven, Incorporated Village of Freeport, Town of Oyster Bay, Town of Islip and Town of Hempstead, Defendants, Town of Oyster Bay, Town of Babylon, Town of Hempstead, Town of Islip, Defendants-Appellants-Cross-Appellees, and Incorporated Village of Freeport, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 3, 1990.


Attorney(s) appearing for the Case

Robert W. Schmidt, Oyster Bay Town Atty. (Kenneth A. Davis, Oyster Bay, N.Y., of counsel), for defendant-appellant-cross-appellee, Town of Oyster Bay.

Thomas F. Whalen, Babylon Town Atty. (Neil Tiger, Lindenhurst, N.Y., of counsel), for defendant-appellant-cross-appellee Town of Babylon.

Lawrence L. Friedman, Hempstead, N.Y. (Ronald J. Levinson, Hempstead Town Atty., of counsel), for defendant-appellant-cross-appellee, Town of Hempstead.

Lawrence Donohue, Islip, N.Y. (Robert J. Cimino, Islip Town Atty., of counsel), for defendant-appellant-cross-appellee, Town of Islip.

William F. Glacken, Freeport, N.Y., for defendant-cross-appellee, Inc. Village of Freeport.

Myron D. Cohen, New York City (Christopher M. Mason, Michael R. Shebelskie, Hunton & Williams, of counsel), for plaintiff-appellee-cross-appellant.

Before OAKES, Chief Judge, and KEARSE and ALTIMARI, Circuit Judges.


OAKES, Chief Judge:

These appeals and cross-appeal, involving five municipal billboard ordinances, are from a judgment of the United States District Court for the Eastern District of New York, Leonard D. Wexler, Judge, reported at 703 F.Supp. 228 (E.D.N.Y.1989). The Towns of Babylon, Hempstead and Oyster Bay appeal from Judge Wexler's decision insofar as it struck down their ordinances in their entirety as unconstitutional restrictions...

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