New York Court of Appeals
Lutheran Church in America v. City of New York
July 15, 197435 N.Y.2d 121
Summary
The New York Court of Appeals held that the City Landmarks Preservation Law, as applied to the Lutheran Church's property, is unconstitutional because it imposes a confiscatory restriction that amounts to a taking without compensation and violates substantive due process, the Takings Clause, and equal protection. The Court also ruled that the action is properly before the court as a declaratory judgment on constitutional grounds, applying de novo review. The dissent argued the designation has a rational basis and should be remanded for factual findings. The decision affirms the lower court's order with modifications and costs.