New York Court of Appeals

The People of the State of New York Ex Rel. M. Wineburgh Advertising Company, Respondent v. Edward S. Murphy, as…

March 30, 1909195 N.Y. 126

Summary

The Court affirmed the Appellate Division, holding that New York City's ordinance limiting sky‑sign height to nine feet is not a valid exercise of police power because it lacks a substantial connection to public health, safety, or welfare. Accordingly, the ordinance is unconstitutional under the state constitution and the Fourteenth Amendment.