Modjeska Sign Studios, Inc., Appellant v. Peter A. A. Berle

Summary

The New York Court of Appeals held that the environmental conservation statute requiring removal of nonconforming billboards after a six‑and‑a‑half‑year amortization period is a valid exercise of the police power and does not constitute a compensable taking, nor does it violate due process or the First Amendment. The Court reversed the summary‑judgment ruling and remanded for a hearing on whether the amortization period is unreasonable as applied.