Ebert v. New York State Office of Parks, Recreation & Historic Preservation

119 A.D.2d 62 (1986)

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Ebert v. New York State Office of Parks, Recreation & Historic Preservation

New York Supreme Court, Appellate Division
119 A.D.2d 62 (1986)

  • Written by Jody Stuart, JD

Facts

In 1982, the trustees of Cornell University submitted a proposal for the demolition of Stone Hall to enable the construction of a new facility. Stone Hall, a building owned by the state, was located on a state-college campus. The proposal was approved by the state. In 1984, Stone Hall was listed on the state and national historical preservation registers, and the City of Ithaca Landmark Preservation Commission (commission) subsequently designated Stone Hall as a local landmark. Pursuant to a City of Ithaca historical-preservation ordinance, a local landmark could not be demolished without a permit issued by the commission. The State University Construction Fund (fund) (defendant) refused to comply with the local-permit requirement, asserting that the proposed demolition was exempt from regulation by the commission. The City of Ithaca (plaintiff) commenced an action in special-term court for an injunction based on the permit requirement. The special-term court held that the fund was required to obtain a permit from the commission before Stone Hall could be demolished and granted injunctive relief. The fund appealed.

Rule of Law

Issue

Holding and Reasoning (Casey, J.)

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