Constitutional Law Keyed to Stone
Penn Central Transportation Co. v. New York City
CaseCast™ – "What you need to know"
Acting pursuant to The New York City Landmarks Preservation Law, the Landmark Preservation Committee (“Committee”) designated certain structures as landmark sites. The Grand Central Terminal, owned by Penn Central Transportation Co. (“Appellants”), was designated as such a site. Designation as a landmark cite meant that a structure was burdened with certain strictures concerning a property owner’s use of the site. Appellants requested permission from the commission to build two 50-plus story office buildings above the Grand Central Terminal. The Commission denied this request citing the adverse effect the buildings would cause on the view of the Terminal. Thereupon, Appellants sued, claiming that the regulation depriving it of the gainful use of its “air rights” above the Terminal, thus, constituting a taking.
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