LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —
Court of Appeals for the Second Circuit
1Opinion of the Court
SOTOMAYOR, Circuit Judge.
Lamar Advertising of Penn, LLC (“Lamar”) filed suit in August 2001, challenging a local ordinance governing the erection and maintenance of signs in the Town of Orchard Park, New York (“Orchard Park” or “the Town”), as facially unconstitutional. Lamar thereafter moved for preliminary and permanent injunctions in conjunction with its motion for summary judgment. Just prior to filing its reply to Lamar’s motion for summary judgment, however, Orchard Park amended the ordinance to address some — but not all — of Lamar’s constitutional claims. In light of the amendments,…
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