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Property Keyed to Sprankling
Penn Central Transportation Co. v. City of New York
Citation:
438 U.S. 104 (1978)Facts
Appellants owned Grand Central Terminal, which was determined to be a landmark site under New York City’s Landmarks Preservation Law. Appellants wanted to build a tall office building on top of the terminal and submitted two separate building plans to the Landmarks Preservation Commission for review. The plans for the construction of the new office building were both denied by the Commission even though they complied with the applicable zoning ordinance.
Plan 1 (Breuer I) laid out the construction of a 55-story office building to be built on the roof of the terminal. Plan 2 (Breuer II Revised) provided for the tearing down of a portion of the terminal and constructing a 53-story office building.
The Court rejected the Breuer II Revised plan mainly because of the impact that it would have on the dramatic South view of the terminal.
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Topic Resources
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Eminent Domain