Legal Opinion

Lutheran Church in America v. City or New York

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

Decided March 21, 1967PublishedCited by 19 opinions

1Per curiam

The plaintiff-appellant’s building, the Lutheran Church House, formerly the residence of J. P. Morgan, Jr., after a public hearing, was designated as a landmark by the respondent Landmarks Preservation Commission on November 23, 1965, pursuant to the Landmarks Preservation Law (Local Laws, 1965, No. 46 of City of New York).

The appellant’s summons and complaint were served in July of 1966 and ask for a judgment that the Landmarks Law is unconstitutional as applied to appellant, because it deprives appellant of its right to the free exercise of religion; it constitutes a taking of property for…

2Cases cited5 opinions

  1. De Veau v. BraistedSupreme Court of the United States · 1960
  2. Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
  3. In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
  4. Matter of Donner-Hanna Coke CorporationNew York Court of Appeals · 1925
  5. Zenith-Godley Co. v. WileyAppellate Division of the Supreme Court of the State of New York · 1952

3Cited by19 opinions

  1. Eugene C. Romer v. Howard R. Leary, as Police Commissioner of the City of New York, and the City of New YorkCourt of Appeals for the Second Circuit · 1970
  2. Russell v. RussellSupreme Court of Missouri · 1968
  3. Surowitz v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 1974
  4. Boston Milk Producers Inc. v. HalperinSupreme Judicial Court of Maine · 1982
  5. New York City Housing Authority v. Commissioner of the Environmental Conservation DepartmentNew York Supreme Court · 1975

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