PSEG LONG ISLAND LLC v. TOWN OF NORTH HEMPSTEAD

15-cv-0222(ADS)(AYS).

158 F.Supp.3d 149 (2016)

PSEG LONG ISLAND LLC, and the Long Island Lighting Company d/b/a LIPA, Plaintiffs, v. TOWN OF NORTH HEMPSTEAD, N.Y.; Judi Bosworth, in her official capacity as Town Supervisor for the Town of North Hempstead, N.Y.; and Thomas P. Tiernan, in his official capacity as the Superintendent of Highways for the Town of North Hempstead, N.Y., Defendants.

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

Signed February 3, 2016.


Attorney(s) appearing for the Case

Greenberg Traurig LLP, Attorneys for the Plaintiffs, 200 Park Avenue, New York, NY, 10166 By: Steven C. Russo, Esq. , William A. Hurst, Esq. , Of Counsel.

Office of the Town Attorney for the Town of North Hempstead, Attorneys for the Defendants, 220 Plandome Road, Manhasset, NY 11030, By: Elizabeth D. Botwin, Esq. , Town Attorney.


MEMORANDUM OF DECISION AND ORDER

This case involves a constitutional challenge to a local law which requires public utility providers to post warning signs on wooden utility poles that have been treated with certain chemical preservatives.

On January 15, 2015, the Plaintiffs PSEG Long Island LLC ("PSEG")...

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