CHURCH OF ST. PAUL v. BARWICK


67 N.Y.2d 510 (1986)

Church of St. Paul and St. Andrew, Appellant, v. Kent L. Barwick et al., Constituting the Landmarks Preservation Commission of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1986.


Attorney(s) appearing for the Case

Frank Patton, Jr., and William Leibovitz for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Larry A. Sonnenshein of counsel), for respondents.

Chief Judge WACHTLER and Judges KAYE and TITONE concur with Judge HANCOCK, JR.; Judge MEYER dissents and votes to reverse in a separate opinion in which Judges SIMONS and ALEXANDER concur.


HANCOCK, JR., J.

In this appeal in a declaratory judgment action we address a preliminary legal question: whether the claim that the Landmarks Law1 is unconstitutional as applied to plaintiff, the Church of St. Paul and St. Andrew, is ripe for judicial determination. Plaintiff's church, the attached parish house and its separate parsonage are located at West End Avenue and 86th Street...

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