Lamar Advertising of Penn, LLC v. Pitman

Crew III, J.P.

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered August 27, 2003 in Cortland County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to vacate a stop work order executed by respondent John Pitman.

In June 2002, petitioner Lamar Advertising of Penn, LLC sought and obtained a building permit from respondent Derek Raimo, the Code Enforcement Officer for the Village of Marathon, Cortland County, to erect a free standing billboard on premises owned by petitioner Sharon Toussaint. The proposed billboard was to be 11 feet high and…