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PENN CENT. v. CITY OF N. Y.

42 N.Y.2d 324 (1977)

Penn Central Transportation Company et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 23, 1977.

Attorney(s) appearing for the Case

John E. F. Wood, John M. Friedman, Jr., Peter H. Jacoby, John M. Johnston and Edna R. Sussman for appellants.

W. Bernard Richland, Corporation Counsel (Leonard Koerner, Stanley Buchsbaum and L. Kevin Sheridan of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Philip Weinberg of counsel), amicus curiae.

Paul S. Byard, Ralph C. Menapace, Jr., Terence H. Benbow, William C. Chanler, Francis H. Horan, Richard H. Pershan, Francis T. P. Plimpton, Orville Schell, Jr., Whitney North Seymour, Robert F. Wagner, Jr. and Bethuel M. Webster for The Committee to Save Grand Central Station and others, amici curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In broad terms, the problem in this case is determining the scope of governmental power, within the Constitution, to preserve, without resorting to eminent domain, irreplaceable landmarks deemed to be of inestimable social or cultural significance. In controversy is the constitutionality of regulation which would prohibit appellants, owner and proposed developer of the air rights above Grand...

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