App. Div. of NY Supreme Court, 3rd Dept., 2011 NY Slip Op 01551, March 3, 2011: Holds local landmarks preservation commission can’t prevent demolition of historical landmark owned by schools district because school district is a “state agency” under NY law.
The school district (District) sought to demolish the 1932 Markles Flats Building it owned that had [...]
Iowa Court of Appeals of Iowa, No. 0-317 / 09-1424, June 30, 2010: Upholds a trial court decision that a historic landmark zoning designation of property adjacent to the appellant’s property did not did not violate constitutional due process or equal protection clauses and was not illegal spot zoning. The City Council rezoned the individual [...]
Appellate Division Of The Supreme Court Of New York, First Department, no. 107666/07, 2119, June 24, 2010: Upheld the City’s designation of landmark status to two buildings of the “First Avenue Estate” that the City had previously excluded when adjacent buildings where designated as landmarks. The petitioner challenged the City’s turnaround as arbitrary and capricious, [...]
New York State Supreme Court, Appellate Division, First Department.
2010 NY Slip Op 01572 [70 AD3d 576], February 25, 2010
The New York City landmarks commission’s refusal to act on a citizens’ group landmarks petitions was allowed by this appeals court decision, overturning a lower court’s grant of mandamus. The appeals court found the citizens’ group lacked standing, [...]