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Loretto v. Teleprompter Manhattan CATV Corp.

United States Supreme Court

458 U.S. 419 (1982)

Facts

Loretto (plaintiff) purchased a five-story apartment building in New York City. Under New York law, a landlord must permit a cable television company to install its cable facilities upon his property. In the present case, Teleprompter Manhattan CATV Corp. (defendant) installed cable facilities that occupied portions of Loretto’s roof and the side of her building. Prior to 1973, Teleprompter routinely obtained permission from building landlords to install its cable facilities. In 1973, New York passed a law which prohibited interference by a landlord in the installation of cable and the acceptance of payment from a cable company. Loretto brought suit in New York state court alleging that the installation of cable facilities on her building by Teleprompter was an unconstitutional taking of her property. The New York trial court upheld the constitutionality of the New York law, and the Supreme Court of New York affirmed. The decision was affirmed by the court of appeals, and Loretto appealed to the United States Supreme Court.

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Holding and Reasoning (Marshall, J.)

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Dissent (Blackmun, J.)

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