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Modjeska Sign Studios, Inc. v. Berle
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The state of New York enacted an ordinance that prohibits advertising signs and structures within the Catskill and Adirondack Parks, in order to preserve the parks’ natural beauty. The ordinance allowed non-complying landowners an amortization period of six and one-half years. Any pre-existing signs within the Catskill Park as of May 26, 1969 were to be removed by January 1, 1976. Modjeska Sign Studios, Inc. (Plaintiff) owns about ninety-six billboards within Catskill Park, all of which are in violation of the ordinance. Plaintiff sued, seeking to enjoin enforcement of the ordinance on the grounds that it would constitute a taking for which compensation is required. The Special Term denied Plaintiff’s motion for a preliminary injunction and granted summary judgment in favor of Berle (Defendant). Both the Special Term and the Appellate Division ruled that the police power allows the legislature to require the removal of billboards without paying compensation.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.