Legal Opinion

Clear Channel Outdoor, Inc. v. Town Board of Windham

District Court, N.D. New York

Decided January 5, 2005No. 1:03-cv-00463PublishedCited by 4 opinions

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…

2Cases cited46 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Broadrick v. OklahomaSupreme Court of the United States · 1973
  5. Grayned v. City of RockfordSupreme Court of the United States · 1972

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3Cited by4 opinions

  1. Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015
  2. Marin v. Town of SoutheastDistrict Court, S.D. New York · 2015
  3. NICHOLS MEDIA GROUP, LLC. v. Town of BabylonDistrict Court, E.D. New York · 2005
  4. Quinly v. CITY OF PRAIRIE VILLAGE KAN.District Court, D. Kansas · 2006

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