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Constitutional Law Keyed to Choper
Penn Central Transportation Company v. New York City
Citation:
438 U.S. 104 (1978)Facts
Penn Central Transportation Company owned Grand Central Terminal, which was designated as a landmark under New York City’s Landmarks Preservation Law in 1967. The law imposed restrictions on owners of landmark sites, requiring them to keep the buildings’ exterior features in good repair and obtain approval from the Landmarks Preservation Commission before making exterior alterations. In 1968, Penn Central entered into a lease agreement with UGP Properties to construct a multi-story office building above the terminal. Penn Central submitted two separate plans to the Commission, both of which were rejected as incompatible with the terminal’s historic and architectural features. The Commission determined that the proposed 55-story tower would overwhelm the terminal and diminish its status as a landmark. Penn Central did not seek judicial review of the Commission’s denial but instead filed suit claiming that the application of the Landmarks Law constituted a taking without just compensation in violation of the Fifth and Fourteenth Amendments.
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