Rochester Poster Advertising Co. v. Town of Penfield

Order unanimously affirmed, without costs. Memorandum: Plaintiff brings this action for a judgment declaring that the Town of Penfield’s sign ordinance passed in 1970, as it affected plaintiff’s property, was confiscatory, unconstitutional and ultra vires because it attempted to regulate in an area pre-empted by the State of New York. Special Term dismissed its complaint for legal insufficiency, found that the town ordinance was constitutional and the area of road signs it regulated had not been pre-empted by the State. Plaintiff alleged that it erected nine billboards in the Town of Penfield…