East 91st St. Marine Waste Transfer Station. Image Credit: Geoffrey Croft/NYC Park Advocates.

A federal judge has dismissed an action brought by New York City residents challenging the re-development of a marine waste transfer station. On July 10, 2014, U.S. District Court Judge Paul A. Crotty (S.D.N.Y.) dismissed claims against the City and the U.S. Army Corps of Engineers, clearing the way for development of a marine waste transfer station at 91st Street and the FDR Drive. (read more…)

New City regulations would substantially limit billboards near highways. Clear Channel, the owner of large billboards located near arterial highways, and Metro Fuel LLC, the owner of smaller illuminated advertising signs on building fronts and poles close to the street, sued the City, challenging its outdoor advertising restrictions. The companies claimed that the restrictions limiting the location and illumination of commercial billboards and smaller signs, as well as the strict permitting and registration procedures for existing outdoor signs, were unconstitutional and infringed on their commercial speech. They further claimed that the City enforced its regulations unevenly and that the regulatory scheme was full of exceptions. Metro Fuel specifically claimed that the City allowed panel advertising on street furniture, kiosks, and lampposts, while forbidding similar Metro Fuel panels attached to buildings and poles.

District Court Judge Paul Crotty detailed the history of outdoor advertising, concluding that companies had long ignored or failed to comply with City regulations. The companies had challenged enforcement efforts in court, waited until the City’s efforts at enforcement subsided, or waited for a new, less vigilant administration. Judge Crotty found that the companies’ efforts had paid off because of the sporadic enforcement and the City’s grandfathering of non-compliant signs. (read more…)