MODJESKA SIGN STUDIOS, INC. V. BERLE
373 N.E.2d 255 (1977)
NATURE OF THE CASE: Modjeska (P) appealed a decision by the Appellate Division affirming
a summary judgment Berle (D) on P's suit opposing the removal of billboards.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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