Legal Opinion

Lutheran Church in America v. City of New York

New York Court of Appeals

Decided July 15, 1974PublishedCited by 74 opinions

1Opinion of the CourtGabrielli, J.

The question, as we choose to frame it in this case, is whether that part of the New York City Landmarks Preservation Law which purports to give the Landmarks Preservation Commission the authority to infringe upon the free use of individual premises remaining in private ownership is a valid use of the city’s police power in cases where an owner organized for charitable purposes demonstrates hardship, economic or otherwise. Present also are procedural issues involving the nature of this action .and the scope of judicial review exercised by the courts below.

The statutory scheme can be outlined…

2Cases cited5 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
  3. Forster v. . ScottNew York Court of Appeals · 1893
  4. Trustees of Sailors' Snug Harbor v. PlattAppellate Division of the Supreme Court of the State of New York · 1968
  5. Manhattan Club v. Landmarks Preservation CommissionNew York Supreme Court · 1966

3Cited by74 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  3. Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
  4. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
  5. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978

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