In 1999, Atlantic Outdoor Advertising, Inc. leased a sign atop a Long Island City building which had been occupied--for about sixty years--by The Eagle Electric Manufacturing Company, Inc. (The billboard had been used to display Eagle's name, logo, slogans and featured some of the company's products.)
Since the advertising related to Eagle's use of the lot, it was considered an "accessory business sign" rather than a mere "advertising sign"—the latter of which was banned by local law.
Because Atlantic couldn't show that the city acted in an "arbitrary or capricious manner" when it was determined that only products or services available in the building could be promoted on the signage, both the New York County Supreme Court and the Appellate Division, First Department, left the outcome undisturbed.
That sure sent them a sign.
To view a copy of the Appellate Division's decision, please use this link: Matter of Atlantic Outdoor Advertising, Inc. v. Srinivasan
To view a copy of the Supreme Court's decision, please use the following link: Atlantic Advertising, Inc. v. Srinivasan