New York Court of Appeals

Suffolk Outdoor Advertising Co., Inc., Respondent-Appellant v. Theodore O. Hulse, Constituting the Town…

December 21, 197743 N.Y.2d 483

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the Southampton zoning ordinance banning nonaccessory billboards is a constitutional exercise of the police power because it is reasonably related to aesthetic welfare, and it declined to rule on the reasonableness of the three‑year amortization period because the plaintiffs had not exhausted the administrative remedy. Justice Fuchsberg dissented, arguing the ordinance violates the First Amendment.