Logourl black
From our private database of 13,800+ case briefs...

Modjeska Sign Studios, Inc. v. Berle

Court of Appeals of New York
373 N.E.2d 255 (1977)


Facts

The state of New York enacted an ordinance that prohibits advertising signs and structures within the Catskill and Adirondack Parks, in order to preserve the parks’ natural beauty. The ordinance allowed non-complying landowners an amortization period of six and one-half years. Any pre-existing signs within the Catskill Park as of May 26, 1969 were to be removed by January 1, 1976. Modjeska Sign Studios, Inc. (Modjeska) (plaintiff) owns about 96 billboards within Catskill Park, all of which are in violation of the ordinance. Modjeska brought suit, seeking to enjoin enforcement of the ordinance on the grounds that it would constitute a taking for which compensation is required. The Special Term denied Modjeska’s motion for a preliminary injunction and granted summary judgment in favor of Berle (defendant). Both the Special Term and the Appellate Division ruled that the police power allows the legislature to require the removal of billboards without paying compensation.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Jasen, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 168,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.