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TJS OF NEW YORK, INC. v. TOWN OF SMITHTOWN

No. 08-2789-cv.

598 F.3d 17 (2010)

TJS OF NEW YORK, INC., a New York Corporation, Plaintiff-Appellant, v. TOWN OF SMITHTOWN, a New York Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 10, 2010.

Attorney(s) appearing for the Case

Richard L. Wilson (Howard E. Greenberg, on the brief) Smithtown, N.Y., for Plaintiff-Appellant.

Kenneth M. Seidell, Smithtown, N.Y., for Defendant-Appellee.

Before WINTER, CALABRESI, and SACK, Circuit Judges.

CALABRESI, Circuit Judge:

This case requires us to resolve an interesting and surprisingly unanswered question of First Amendment law: whether the constitutionality of a zoning ordinance should only be evaluated with regard to the "alternative avenues of communication" it leaves open at the time it is passed, or also those it leaves open at the time it is challenged. Plaintiff-Appellant TJS of New York, Inc....

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