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IN THE MATTER OF LAMAR ADVERTISING OF PENN, LLC v. PITMAN

9 A.D.3d 734 (2004)

780 N.Y.S.2d 233

In the Matter of LAMAR ADVERTISING OF PENN, LLC, et al., Appellants, v. JOHN PITMAN, Individually and as Mayor of the Village of Marathon, et al., Respondents.

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

July 19, 2004.

CREW III, J.P.

In June 2002, petitioner Lamar Advertising of Penn, LLC sought and obtained a building permit from respondent Derek Raimo, the Code Enforcement Officer for the Village of Marathon, Cortland County, to erect a free standing billboard on premises owned by petitioner Sharon Toussaint. The proposed billboard was to be 11 feet high and the pole on which it was to be situated 60 feet tall. On March 31, 2003, after construction of the billboard had begun,...

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