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CLEAR CHANNEL OUTDOOR, INC. v. CITY OF NEW YORK

Nos. 06 Civ. 8193 (PAC), 06 Civ. 8219 (PAC), 07 Civ. 8244 (PAC).

608 F.Supp.2d 477 (2009)

CLEAR CHANNEL OUTDOOR, INC., Plaintiff, v. The CITY OF NEW YORK and Patricia J. Lancaster, in her official capacity as Commissioner of the New York City Department of Buildings, Defendants. Atlantic Outdoor Advertising, Inc., Scenic Outdoor, Inc., Troystar City Outdoor LLC, and Willow Media, LLC., Plaintiffs, v. The City of New York, Patricia J. Lancaster, and Edward Fortier, Defendants. Metro Fuel LLC, Plaintiff, v. City of New York, Defendant.

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

March 31, 2009.

Attorney(s) appearing for the Case

Linda Jane Steinman, James Eric Rosenfeld, Victor A. Kovner, Davis Wright Tremaine LLP, New York, NY, for Plaintiff Clear Channel Outdoor, Inc.

Richard D. Emery, Andrew G. Celli, Eric Hecker, Ilann M. Maazel, Emery Celli Brinckerhoff & Abady, LLP, New York, NY, for Plaintiffs Atlantic Outdoor Advertising, Inc., Scenic Outdoor, Inc., Troystar City Outdoor LLC and Willow Media, LLC.

Sheryl Rebecca Neufeld, NYC Law Department, Office of The Corporation Counsel, New York, NY, for Defendants The City of New York, Patricia J. Lancaster and Edward Fortier.

Michael Stephen Gruen, Debra Kobrin Levy, Vandenberg & Feliu, LLP, New York, NY, for Defendant Municipal Art Society of New York.

OPINION & ORDER

Honorable PAUL A. CROTTY, District Judge:

The pending cases are another chapter in New York City's seven-decade attempt to control where outdoor advertising companies locate certain commercial billboards and street signs. Since 1940, New York City's zoning regulations have banned outdoor advertising companies from placing commercial billboards, which do not advertise an on-premise business, within 200 feet and within view of the...

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