Legal Opinion
Rector, Wardens, & Members of the Vestry of St. Bartholomew's Church v. City of New York
Court of Appeals for the Second Circuit
Decided September 12, 1990No. Nos. 1431, 1432, Docket 88-7751, 90-7101PublishedCited by 1 opinion
1Opinion of the Court
WINTER, Circuit Judge:
This appeal poses the question of whether a church may be prevented by New York City’s Landmarks Law, now codified at New York City Administrative Code Sections 25-301 to 25-321 (1986), from replacing a church-owned building with an office tower. The question implicates both First and Fifth Amendment issues. Specifically, the Rector, Wardens, and Members of the Vestry of St. Bartholomew’s Church (“the Church”) appeal from Judge Sprizzo’s decision that the New York City Landmarks *351Law, as applied to an auxiliary structure next to the Church’s main house of worship, did not…
2Cases cited16 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Sherbert v. VernerSupreme Court of the United States · 1963
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
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3Cited by1 opinion
- The Rector, Wardens, And Members Of The Vestry Of St. Bartholomew's Church v. The City Of New YorkCourt of Appeals for the Second Circuit · 1990