Philanz Oldsmobile v. Keating – Case Brief Summary (New York)

In Philanz Oldsmobile v. Keating (51 AD2d 437, 381 NYS2d 916 [1976]), a CPLR article 78 proceeding, the Fourth Department considered the reasonableness of a three-year abatement period for nonconforming signs and determined that the petitioner had unquestionably been accorded a reasonable period of time to amortize his investment in a nonconforming sign.

In reaching that determination, the Fourth Department considered that the Town of Irondequoit did not take any enforcement action against the petitioner or any other property owners who displayed nonconforming signs for several years after the abatement period had expired, in effect, giving them a 10-year abatement period.