PENN CENTRAL TRANSPORT CO

PENN CENTRAL TRANSPORT CO - P ENN CENTRAL TRANSPORT CO. v....

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PENN CENTRAL TRANSPORT CO. v. NEW YORK Location: Grand Central Terminal Facts of the Case The New York City Landmarks Preservation Law of 1965 empowered the city to designate certain structures and neighborhoods as "landmarks" or "landmark sites." Penn Central, which owned the Grand Central Terminal (opened in 1913), was not allowed to construct a multistory office building above it. Question Did the restriction against Penn Central constitute a "taking" in violation of the Fifth and Fourteenth Amendments? Conclusion Decision: 6 votes for New York, 3 vote(s) against Brennan(wrote majority opinion) Stewart White Marshall Blackmun Powell Rehnquist(wrote dissent) Burger Stevens Legal provision: Takings Clause No. The Court held that the restrictions imposed did not prevent Penn Central from ever constructing above the terminal in the future. New York's objection was to the nature of the proposed construction and not to construction in general implemented to "enhance" the Terminal. Preventing the construction of a 50-plus story addition above the station was a reasonable restriction substantially related to the general welfare of the city. LUCAS v. SOUTH CAROLINA COAST COUNCIL
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PENN CENTRAL TRANSPORT CO - P ENN CENTRAL TRANSPORT CO. v....

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