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CLEAR CHANNEL OUTDOOR, INC. v. CITY OF NEW YORK

Docket Nos. 09-1553-cv, 09-1554-cv, 09-1571-cv.

594 F.3d 94 (2010)

CLEAR CHANNEL OUTDOOR, INC., Atlantic Outdoor Advertising, Inc., Scenic Outdoor, Inc., Troystar City Outdoor LLC, and Willow Media, LLC, Consolidated-Plaintiffs-Appellants, v. CITY OF NEW YORK and Patricia J. Lancaster, in her official capacity as Commissioner of the New York City Department of Buildings, Defendants-Appellees, Edward Fortier, Consolidated-Defendant-Appellee. Metro Fuel LLC, Plaintiff-Appellant, v. City of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2010.

Attorney(s) appearing for the Case

Victor A. Kovner (James Eric Rosenfeld and Linda Jane Steinman, on the brief), Davis Wright Tremaine LLP, New York, NY, for Clear Channel Outdoor, Inc.

Richard D. Emery, Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Atlantic Outdoor Advertising, Inc., Scenic Outdoor, Inc., Troystar City Outdoor LLC, and Willow Media, LLC.

Eric J. Hecker, Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Metro Fuel.

Karen M. Griffin, New York City Law Department, New York, NY, for The City of New York, Patricia J. Lancaster, in her official capacity as Commissioner of the New York City Department of Buildings, and Edward Fortier.

Before: POOLER and WESLEY, Circuit Judges, and KEENAN, District Judge.

WESLEY, Circuit Judge:

I. BACKGROUND

Plaintiffs, owners of billboards and panel signs in New York City, appeal from an Opinion and Order of the District Court for the Southern District of New York granting summary judgment to Defendants, the City of New York, Patricia J. Lancaster, named in her official capacity as Commissioner of the New York City Department of Buildings, and Edward Fortier, Director of Padlock...

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