Major Lawsuit Development
The Municipal Arts Society, The National Trust, and five leading New York preservation groups have filed a "Friend of the Court" brief in PVHD's lawsuit.
The Municipal Arts Society, five leading New York preservation groups, and The National Trust have filed a "Friend of the Court" brief in PVHD's lawsuit. The groups seek a reversal of the LPC decision allowing a "hardship" demolition of the Curran/O'Toole building, which their powerful 49-page brief characterizes as "arbitrary and capricious" and resting on "material errors of law." By taking this stand, these groups demonstrate that the fight to reverse the LPC's decision is not only about preserving the historic character of Greenwich Village, but also about the integrity of the landmarks preservation process in New York.The brief describes the LPC decision as "arbitrary and capricious" and as an "abuse of discretion". It asks the court to reverse the LPC decision. For a copy of the brief, click here ».
PVHD is gratified that the leading voices for preservation in New York City have joined together to strongly support our view that the decision to allow the demolition of the Curran/O'Toole building is an erroneous reading of the landmarks law and represents a dangerous precedent. Their support demonstrates that the fight to reverse this decision is not only about preserving the historic character of Greenwich Village, but also about the integrity of the landmarks preservation process in New York.
PVHD and four prominent historic preservation groups brought a lawsuit to challenge the LPC decision in Supreme Court, New York County, in February 2009. We expect that oral argument will be held early in 2010. PVHD's initial complaint was joined by:
Historic Districts Council
Docomomo New York-Tristate
Defenders of the Historic Upper East Side
Landmark West!
The friend of the court brief arguing for reversal of the LPC decision was filed on November 4 by:
The Municipal Art Society of New York
The New York Landmarks Conservancy
The National Trust for Historic Preservation
The Preservation League of New York State
The Greenwich Village Society for Historic Preservation
The Brooklyn Heights Association
The Friends of the Upper East Side Historic District
In 2008, the Landmarks Preservation Commission unanimously found that the Curran/O'Toole building was historically significant and could not be demolished, but it subsequently reversed itself and authorized demolition on the grounds of "hardship." The preservation leaders' "friend of the court" brief argues that the LPC applied the wrong test in authorizing the demolition of the Curran/O'Toole Building and "invented" an unsupportable rationale to try to justify its decision. The brief concludes that if the LPC decision is upheld, it will set a precedent that could undermine New York City's Landmarks Preservation law and, by extension, similar laws across the country.
"By applying a test much more lenient than the courts have sanctioned, and inventing a campus-based exception to the Landmarks Law, the LPC has upset the finely tuned balance the law strikes between the rights and needs of non-profit property owners and the values of historic preservation. Even more disturbingly, the LPC's reasoning opens the door — far more than the Constitution requires — for non-profit owners of landmarks and buildings within historic districts to circumvent the requirements of the Landmarks Law. (emphasis added)"
The comprehensive brief details the history of the City's landmarks law, the important decisions that have interpreted and upheld it (including the famous case the preserved Grand Central Terminal) and the important defects and errors of the LPC's decision to allow the demolition of the Curran/O'Toole Building.
PVHD and Coalition
File Suit
Protect the Village Historic District announced that it has sued the New York City Landmarks Preservation Commission and St. Vincent's Catholic Medical Centers to block the demolition of the historic Curran/O'Toole building and prevent construction of 400 luxury condos and a 300 foot hospital tower in the midst of the Greenwich Village Historic District. The suit alleges that the LPC's approval of a 'hardship' application for the demolition misconstrued the City's Landmarks Preservation law and failed to properly consider viable alternatives.
PVHD is joined in the lawsuit by the Historic Districts Council, DoCoMoMo New York-Tri state, Defenders of the Historic Upper East Side and Landmark West! as well as by numerous Village residents and buildings.
The suit seeks to prevent the demolition of this landmark modernist building on Seventh Avenue between 12th and 13th Streets which was authorized by a narrow 6 to 4 vote by the LPC on October 28, 2008. The demolition is part of the Rudin/St. Vincent's development plan to construct a 300' hospital tower and a 235' luxury condominium tower in the midst of historic Greenwich Village. The Commission's approval of a hardship application followed its unanimous determination of May 6, 2008 that the Curran/O'Toole Building makes a unique contribution to the Village Historic District and that demolition of Curran/O'Toole would not be appropriate under the landmarks law.
The suit alleges that the LPC failed to follow the hardship standards previously established by the U.S. Supreme Court. In particular, the suit alleges that the LPC acted illegally by allowing St. Vincent's to claim hardship when the Curran/O'Toole Building was acquired by St. Vincent's AFTER the landmarks restrictions were already in place and is fully adequate for the purposes for which St. Vincent's acquired it—clinics and office space. The suit also points out that St. Vincent's made no assertion of financial need.
Commented Tom Molner, PVHD Chair: "We seek the assistance of the courts to require our City's Landmarks Preservation Commission to fulfill its duty and protect the Greenwich Village Historic District. We are gratified that in October four LPC Commissioners agreed with our position and voted to reject this hardship application. Our landmark districts are the jewels of the City of New York. It has always been apparent that ample alternatives to this insensitive and wasteful plan exist. Even more options are available in today's market."
Commented Al Butzel, counsel to PVHD: "Our suit alleges that the LPC failed to properly apply the key Supreme Court precedents which saved Grand Central Terminal and St. Bartholomew's Church. The LPC did not make an adequate investigation of alternatives, including the potential reuse of St. Vincent's existing buildings. Our brief includes suggestions for a mid-block facility that is appropriate to the Historic District and can be developed while the hospital remains in operation."
Commented Delia Guazzo, PVHD Steering Committee member: "We appreciate the broad level of support for our efforts to protect Greenwich Village from this destructive plan. PVHD currently has over 1,000 members. We are grateful to the Historic Districts Council, DoCoMoMo New York-Tri state, the Defenders of the Historic Upper East Side and Landmark West! who have recognized that this threat to Greenwich Village is a threat to preservation across our city and beyond."
Click here, to download the press release.
7/09 : Update
LPC approves Rudin plan; Fight moves to the City Council and the Courts
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6/09 : Update
LPC reviewing Rudin portion of proposal
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5/09 : Update
SNOOKERED
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3/09 : Update
LPC approves Hospital Design; Law Suit Moving Forward
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2/09 : Update
LPC CALLS ST. VINCENT'S HOSPITAL PLAN INAPPROPRIATE
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