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LUTHERAN CHURCH v. CITY OF N. Y.

35 N.Y.2d 121 (1974)

Lutheran Church in America, Respondent, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided July 15, 1974.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Alfred Weinstein and Stanley Buchsbaum of counsel), for appellants.

John L. Warden and David M. Olasov for respondent.

Michael S. Gruen, William C. Chanler, Bernard Botein, Francis H. Horan, Orison S. Marden, Francis T. P. Plimpton, Whitney North Seymour and Bethuel M. Webster for The Municipal Art Society, amicus curiae.

Judges JONES, WACHTLER, RABIN and STEVENS concur with Judge GABRIELLI; Judge JASEN dissents in part and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.

GABRIELLI, J.

The question, as we choose to frame it in this case, is whether that part of the New York City Landmarks Preservation Law which purports to give the Landmarks Preservation Commission the authority to infringe upon the free use of individual premises remaining in private ownership is a valid use of the city's police power in cases where an owner organized for charitable purposes demonstrates hardship...

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