As stated in the dissent, this action was converted by defendant commission's own conduct of the case from a declaratory judgment action, addressed to the constitutionality of the Landmarks Preservation Law (Administrative Code of City of N. Y., ch. 8-A), to one challenging the commission's designation of the subject building as a landmark. That the designation prevents "highest and best" use of the property for plaintiff's purposes is beside the point. In the present posture...
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