The New York appellate division upheld the determination of the Board of Standards and Appeals which rejected an application to place advertising signs on the roof and walls of buildings in close proximity to the exit roadway of the Holland Tunnel. The Court said that such determination was neither arbitrary nor capricious nor contrary to law. Specifically, the Court agreed with the board’s interpretation that the exit roadway was an “approach” as referenced in the Zoning Resolution and therefore an “arterial highway.” The Court noted that although the Department of Buildings had previously approved the signs, the Board may subsequently reject such and it adequately explained its reasons therefore. Lastly, the appellate court rejected the petitioner’s argument that the rejection was a violation of commercial free speech.
Take Two Outdoor Media, LLC v Board of Standards and Appeals of the City of New York, 2015 WL 2401486 (NYAD 1 Dept. 5/21/2015)
The opinion can be accessed at: http://www.courts.state.ny.us/REPORTER/3dseries/2015/2015_04387.htm