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City of Buffalo v. Whitmier & Filbrick Co.

145 A.D. 907 Court N.Y. App. Div. English

Judges All concurred; McLennan, P. J., on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.

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Majority

p. 907
City of Buffalo, Appellant, v. Whitmier and Filbrick Company, Respondent.

Judgment affirmed, with costs, on the authority of City of Buffalo v. Cusack Co. ( 143 App. Div. 957 ), decided March 8, 1911. Held, that the ordinance in question does not apply to billboards erected prior to the passage of the ordinance.

All concurred; McLennan, P. J., on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.