Legal Opinion
Town of Smithtown v. Commack Gas & Washateria
Suffolk County District Court
Decided April 20, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter G. Dounias, J.
The defendant is charged with the violation of sections 54-12(A) and 54-140(3) of the Code of the Town of Smith-town which prohibit the use of portable signs in filling stations. It is alleged that the defendant maintained a portable sandwich sign at its premises. The defendant moves to dismiss pursuant to GPL 170.35 (subd 1, par [c]), the statute defining the offense charged is unconstitutional or otherwise invalid. The Town of Smithtown submits no opposing papers to this motion apparently relying on the presumption that a statute is constitutional…
2Cases cited8 opinions
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Bigelow v. VirginiaSupreme Court of the United States · 1975
- Linmark Associates, Inc. v. Township of WillingboroSupreme Court of the United States · 1977
- Valentine v. ChrestensenSupreme Court of the United States · 1942
- People v. Mobil Oil Corp.New York Court of Appeals · 1979
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3Cited by2 opinions
- People v. Professional Truck Leasing Systems, Inc.Criminal Court of the City of New York · 2000
- Kevin Gray-East Coast Auto Body v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 1991