Shubert Organization, Inc. v. Landmarks Preservation Commission of the City
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
Petitioners, several theatre owners as well as trade organizations, had sought, inter alia, in this declaratory relief and CPLR article 78 proceeding, to annul the designation of 22 Broadway theatres as landmarks, and to declare null and void the underlying landmarks legislation and the antidemolition provision of the New York City Zoning Resolution.
Petitioners claim that the designation process in this case manifested an improper exercise in spot zoning, rather than a detailed analysis leading to the designation of a specific building or buildings as historic…
2Cases cited10 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Seawall Associates v. City of New YorkNew York Court of Appeals · 1989
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Spears v. BerleNew York Court of Appeals · 1979
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3Cited by13 opinions
- Teachers Insurance & Annuity Ass'n v. City of New YorkNew York Court of Appeals · 1993
- Canisius College v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1995
- Estate of Tippett v. City of MiamiDistrict Court of Appeal of Florida · 1994
- 67 Vestry Tenants Ass'n v. RaabNew York Supreme Court · 1997
- Gilbert v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1991
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