MUNICIPAL CORPORATIONS - POLICE POWER - BILLBOARD REGULATIONS FOR AESTHETIC PURPOSES

Plaintiff applied to defendant superintendent of buildings for permits to erect billboards for general advertising purposes on plaintiff's, property in the city of Troy. Defendant refused to issue the permits on the authority of an ordinance which made it unlawful to erect any billboard and/ or signboard within the city limits, except upon real property owned or leased by the occupants thereof and for the sole purpose of advertising the sale of such property or of merchandise kept for sale upon such premises. Plaintiff petitioned for a writ of mandamus to compel defendant to issue the permits. Held, that the ordinance was void and that the writ was to be allowed.

Mid-State Advertising Corporation v. Bond, 274 N. Y. 82, 8 N. E. (2d) 286 (1937).