New York courts have held that municipalities may require the removal of nonconforming billboards and signs, after the expiration of an amortization period long enough to allow the sign owner to recoup his or her investment.
Additionally, Highway Law §88 provides that signs beyond 660 feet outside of urban areas and erected with the purpose of their message being read from Interstate or primary highways are prohibited A municipality may concurrently regulate signs regulated by the State only if the regulations are equal to or more restrictive than the State’s regulations.
The New York Attorney General has stated that it is impermissible for a municipality to permit the placement of private advertising signs on public property to be used for the sole purpose of private business advertising, since no benefit accrues to the municipality or the public.
Plaintiff, the United States, and Defendants, the State of NewJersey and the Division of State Police of the NewJersey Department of Law and Public Safety, respectfully move this Court for entry of the attached Consent Decree.
The State shall monitor and evaluate the implementation of the motor vehicle stop criteria and shall revise the criteria as may be necessary or appropriate to ensure compliance with ¶¶ 26 and 129.
The State, by and through its officials, agents, employees, and successors, is enjoined from and shall not engage in a pattern or practice of conduct by the State Police that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
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