Clear Channel Outdoor, Inc. v. Town Board of Windham
District Court, N.D. New York
1Opinion of the Court
MEMORANDUM-DECISION and ORDER
HURD, District Judge.
I. INTRODUCTION
Clear Channel Outdoor, Inc. and William Herbert (“plaintiffs”) commenced the instant action pursuant to 42 U.S.C. § 1983 arising out of defendants’ alleged violation of plaintiffs’ First Amendment rights. Plaintiffs moved for summary judgment pursuant to Fed.R.Civ.P. 56(a). Defendants, the Town Board of the Town of Windham (the “Town”) and the Honorable Dominick Caropresso, Town of Wind-ham Code Enforcement Officer, cross-moved pursuant to Fed.R.Civ.P. 56(b) or in the alternative, pursuant to Fed.R.Civ.P. 12(b) for failure to…
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