Seawall Associates et al., Appellants,
v.
City of New York et al., Respondents and Richard Wilkerson et al., Intervenors-Respondents. (And Two Other Actions.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 3, 1989.
Decided July 6, 1989.
Attorney(s) appearing for the Case
Joseph L. Forstadt, Nancy Hirschmann and Nathan Z. Dershowitz for Seawall Associates, appellant.
Philip H. Schaeffer, Jane D. Connolly and S. Alexander Gisser for 459 West 43rd Street Corp. and others, appellants.
Gary M. Rosenberg, Franklin R. Kaiman and Theresa Hecker for Sutton East Associates-86 and another, appellants.
Marvin L. Schwartz for Anbe Realty Co., appellant.
Peter L. Zimroth, Corporation Counsel (Elizabeth Dvorkin, Leonard Koerner and Gabriel Taussig of counsel), for respondents.
Saralee E. Evans, Robert M. Hayes, Virginia G. Shubert, Marvin Wexler, Norman Siegel, Arthur Eisenberg, Wayne G. Hawley, Anne R. Teicher and Jacqueline C. Burger for intervenors-respondents.
Glenn S. Goldstein for Rent Stabilization Association of New York City, Inc., and others, amici curiae.
Herbert Teitelbaum and Robert Hermann for Council for Owner Occupied Housing, amicus curiae.
Carol S. Keenan, Ruben Klein, Ronald A. Zumbrun, Edward J. Connor, Jr., and R. S. Radford for Pacific Legal Foundation, amicus curiae.
Ira Karasick for Community Action for Legal Services and others, amici curiae.
Judges SIMONS, KAYE, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Chief Judge WACHTLER concurs.
Court of Appeals of the State of New York.
HANCOCK, JR., J.
Local Law No. 9 prohibits the demolition, alteration, or conversion of single-room occupancy (SRO) properties and obligates the owners to restore all units to habitable condition and lease them at controlled rents for an indefinite period. Plaintiffs, real estate developers who own SRO properties, challenge the law as an unconstitutional taking of private property without just compensation. Defendants...
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