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UNIVERSAL OUTDOOR, INC. v. CITY OF NEW ROCHELLE

No. 98 CIV. 3908(CM)(GAY).

286 F.Supp.2d 268 (2003)

UNIVERSAL OUTDOOR, INC., John Cappelli Erectors, Inc., Outdoor Systems Advertising, Inc., Plaintiffs, v. CITY OF NEW ROCHELLE, New York, a municipal corporation, Louis Goodman, Building Official of the City of New Rochelle, in his official capacity, and Patrick J. Carroll, Commissioner of Police of the City of New Rochelle, in his official capacity, Defendants.

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

As Amended November 20, 2003.

Attorney(s) appearing for the Case

Jeffrey Harris, Rubin, Winston, Diercks, Harris & Cooke, Washington, DC, Mark D. Geraghty, Davidoff & Malito LLP, New York City, Philip M. Halpern, Collier, Halpern, Newberg, Nolletti & Bock, L.L.P., White Plains, NY, for Universal Outdoor, Inc., John Cappelli Erectors, Inc., Outdoor Systems Advertising, Inc., plaintiffs.

Henry M. Hocherman, Shamberg, Marwell, Cherneff, Hocherman, Davis & Hollis PC, Mt Kisco, NY, for City of New Rochelle N.Y., a municipal corporation, Louis Goodman, Building Official of the City of New Rochelle in his official capacity, Patrick J. Carroll, Commissioner of Police of the City of New Rochelle, in his official capacity, defendants.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF AND DENYING DEFENDANTS' CROSS-MOTION FOR INJUNCTIVE RELIEF

McMAHON, District Judge.

FACTS AND PROCEDURAL HISTORY

On July 26, 1996, in furtherance of its urban renewal goals, the City of New Rochelle (the "City") amended its Code to prohibit the erection of billboards ("outdoor advertising structures") within the City (the "Sign Ordinance"). New Rochelle Code § 270...

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