Schulman v. People

This case is in a sense the converse of New York State Thruway Auth. v. Ashley Motor Court (10 N Y 2d 151) upholding the constitutionality of section 361-a of the Public Authorities Law, enacted in 1952, prohibiting the erection of any billboard or other advertising device located within 500 feet of the nearest edge of the Thruway pavement without a written permit from the Thruway Authority. The enactment of that section was held to be a lawful exercise of the police power of the State in the interest of public safety. The appeal in the case now under consideration concerns whether under…