United States Second Circuit

Denial of a permanent injunction against the enforcement of a section of the Village Code, requiring approval for physical alterations to buildings in the Historic District, which the Village enforced with respect to the plaintiff's display of political signs adjacent to his home, is reversed where although the standards employed by the code are constitutionally permissible, the procedures it employs to effect them are not.

Appellate Information

• Decided 01/31/2007
• Published 02/01/2007

Judges

• SACK, Circuit Judge., Before STRAUB and SACK, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephen Bergstein, Thornton, Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff-Appellant.


• For Appellees:
  
• James A. Randazzo, Servino, Santangelo & Randazzo, LLP, Hawthorne, New York, for Defendant-Appellee.