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LAMAR ADVERTISING OF PENN, LLC v. PITMAN

No. 5:05-CV-375.

573 F.Supp.2d 700 (2008)

LAMAR ADVERTISING OF PENN, LLC, Plaintiff, v. John PITMAN, Mayor, The Village of Marathon, The Village of Marathon Zoning Board of Appeals, The Village of Marathon Planning Board, Derek Raimo, Code Enforcement Officer, and Atlantic-Inland, Inc., Defendants.

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

August 6, 2008.

Attorney(s) appearing for the Case

Harry V. Armani & Associates, LLC, Harry V. Armani, Jr., Esq., of Counsel, Syracuse, NY, for Plaintiff.

Lippman O'Connor, Gerard E. O'Connor, Esq., of Counsel, Buffalo, NY, for Defendants, John Pitman, Village of Marathon, Village of Marathon Zoning Board of Appeals, and Village of Marathon Planning Board.

Hoffmann, Hubert & Hoffman, LLP, Terrance J. Hoffmann, Esq., of counsel, Syracuse, NY, for Defendants Derek Raimo and Atlantic-Inland, Inc.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Chief Judge:

INTRODUCTION

Plaintiff, Lamar Advertising of Penn, LLC, a company engaged in outdoor advertising, brought this civil rights action after defendant Village of Marathon Zoning Board of Appeals ("ZBA") denied plaintiffs application for an area variance to permit it to erect a billboard exceeding the height and face size restrictions of the Zoning Ordinance enacted by defendant Village of...

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