Legal Opinion

Penn Central Transportation Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1975PublishedCited by 10 opinions

1Opinion of the CourtMurphy, J.

Defendants have thus far been more successful, at the appellate level, in repelling a direct frontal attack on the constitutionality of the New York City Landmarks Preservation Law (Administrative Code of City of New York, ch 8-A) than in applying it to a given factual situation. (Cf. Lutheran Church in Amer. v City of New York, 35 NY2d 121; Matter of Trustees of Sailors’ Snug Harbor v Platt, 29 AD2d 376.) A majority of us now feels that the time for its full, implementation has arrived.

The specific issue presented in this case is whether, as applied to these plaintiffs, the city’s Landmarks…

2Cases cited15 opinions

  1. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  2. United States v. Central Eureka Mining Co.Supreme Court of the United States · 1958
  3. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  4. Barrett v. . State of New YorkNew York Court of Appeals · 1917
  5. Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974

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3Cited by10 opinions

  1. Penn Central Transportation Co. v. City of New YorkNew York Court of Appeals · 1977
  2. Figarsky v. Historic District CommissionSupreme Court of Connecticut · 1976
  3. Lafayette Park Baptist Church v. ScottMissouri Court of Appeals · 1977
  4. Nash v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  5. Dempsey v. Boys' Club of the City of St. Louis, Inc.Missouri Court of Appeals · 1977

5 more not listed; retrieve them via the Exa API.

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