Modjeska Sign Studios, Inc. v. Berle
Court of Appeals of New York
373 N.E.2d 255 (1977)
New York enacted an ordinance banning advertising signs within the Catskill and Adirondack Parks to preserve their natural beauty, giving landowners a six-and-a-half-year amortization period before pre-existing signs had to come down. Modjeska Sign Studios (plaintiff) owned about 96 billboards within Catskill Park that violated the ordinance and sued to enjoin enforcement, arguing the requirement amounted to an uncompensated taking. The trial court and the Appellate Division both ruled the state's police power let it require billboard removal without paying compensation.
Whether an amortization period given to a landowner to remove a nonconforming use is reasonable when the public benefit gained by the legislation outweighs the loss the landowner suffers once the period expires.