United States Second Circuit
TJS of N.Y., Inc. v. Smithtown, 08-2789
In an action seeking an injunction and declaratory judgment to the effect that defendant-town's zoning ordinance did not give plaintiff adequate alternative sites on which to locate its adult entertainment business, a denial of an injunction is vacated where the First Amendment required courts to consider the adequacy of alternative sites available when the ordinance is challenged, not at the time the ordinance is passed.
Appellate Information
- Decided 03/10/2010
- Published 03/10/2010
Judges
Court
- United States Second Circuit