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IN THE MATTER OF CLEAR CHANNEL OUTDOOR, INC. v. TOWN BD. OF TOWN OF WINDHAM

9 A.D.3d 802 (2004)

780 N.Y.S.2d 822

In the Matter of CLEAR CHANNEL OUTDOOR, INC., et al., Appellants, v. TOWN BOARD OF THE TOWN OF WINDHAM et al., Respondents.

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

July 29, 2004.

SPAIN, J.

Petitioner Clear Channel Outdoor, Inc. leases land from petitioner William Herbert in the Town of Windham, Greene County on which there are three billboard signs, referred to as billboards 681, 682 and 736. Respondent Town of Windham has a sign ordinance requiring a permit to erect a sign and regulating the size and lighting of signs in the Town. The ordinance also prohibits the construction of new signs or the alteration or relocation of existing signs...

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