Modjeska Sign Studios, Inc. v. Berle

373 N.E.2d 255 (1977)

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Nature of the Case

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Facts

D enacted legislation regulating advertising signs and structures in the Catskill and Adirondack Parks. It held that current nonconforming signs have a six and one-half year amortization period, at which time they must be removed without compensation. P owns 96 nonconforming outdoor advertising signs or billboards in the Catskill Park. None of these signs conforms to the regulations passed in 1976. P commenced the present action to declare the law unconstitutional on the ground that it constitutes a taking for which compensation must be provided. Special Term granted summary judgment for D, declaring the law to be constitutional. The Appellate Division unanimously affirmed. P appealed.