OTR Media Group, Inc. v. The City of New York, et al.

Brief for Plaintiff-Appellant OTR Media Group, Inc.

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This action involves claims of unconstitutional promulgation and enforcement of regulations pertaining to outdoor advertising throughout New York City. The grounds for reversal of the lower’s court’s grant of summary judgment are the following:

(1) The advertising ban contained in Zoning Resolution §§ 32-662, 45-55(a), Local Laws 14 and 31 and Rule 49 of the Rules of the City of New York violate the rights of the plaintiff-appellant to free speech and equal protection under the New York State Constitution, Article 1, § § 8 and 11.

(2) The enforcement scheme and penalty schedule contained in New York Administrative Code Article 26, subchapter 4, as amended by Title 28, chapter 5, and portions of the Environmental Control Board Penalty Schedule sections of Title 15, § 31-103 of the Rules of the City of New York violate the right of the plaintiff-appellant to equal protection under Article 1, §11 of the New York State Constitution and violate the right of the plaintiff-appellant to be free from excessive fines pursuant to Article 1, §5 of the New York State Constitution.

(3) The plaintiff-appellant is entitled to a declaration that: (a) the New York City Charter precludes the defendants-respondents from issuing fines in excess of $25,000; and (b) that the penalty schedule the defendants-respondents have imposed is ultra vires.

(4) The court erred in granting the summary judgment before the completion of discovery.

(5) The court erred in denying plaintiff-appellant’s motion for a preliminary injunction enjoining the enforcement of the onerous penalty schedule and fines defendants-respondents’ unlawfully imposed.

The appeal was not successful. The opinion of the Appellate Division is found at 83 A.D.3d 451, 920 N.Y.S.2d 337, 338 (2011) and the reader is invited to compare this brief and the opinion and decide for himself whether the court fully addressed the issues raised on appeal.

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Reference Info:Appellate Brief | State, 2nd Circuit, New York | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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