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Commissioner, Com. Dev. v. Foster Kleiser

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 495 (N.Y. App. Div. 1986)

Opinion

September 26, 1986

Appeal from the Supreme Court, Monroe County, Celli, J.

Present — Dillon, P.J., Denman, Green, Balio and Lawton, JJ.


Order unanimously affirmed without costs. Memorandum: Respondent's "just compensation" argument was properly rejected for the reasons stated at Special Term. The Federal Highway Beautification Act ( 23 U.S.C. § 131) does not preclude a holding that "petitioners are entitled to no more than a reasonable amortization period" (Matter of Suffolk Outdoor Adv. Co. v Town of Southampton, 60 N.Y.2d 70, 76; rearg denied 61 N.Y.2d 670). Respondent lacks standing to raise a 1st Amendment overbreadth challenge to the ordinance as it has made no showing of any direct interest in noncommercial speech or any commercial interest in others who have such an interest (Syracuse Sav. Bank v Town of DeWitt, 56 N.Y.2d 671, appeal dismissed 459 U.S. 803).


Summaries of

Commissioner, Com. Dev. v. Foster Kleiser

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 495 (N.Y. App. Div. 1986)
Case details for

Commissioner, Com. Dev. v. Foster Kleiser

Case Details

Full title:COMMISSIONER OF COMMUNITY DEVELOPMENT OF THE CITY OF ROCHESTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 26, 1986

Citations

123 A.D.2d 495 (N.Y. App. Div. 1986)

Citing Cases

Matter of Commr. of Community Dev. v. Foster Kleiser

Decided February 24, 1987 Appeal from (4th dept: 123 A.D.2d 495) APPEALS DISMISSED PURSUANT TO RULES OF…