A court granted a CPLR Article 78 petition and denied cross-motions to dismiss. The petitioners sought to invalidate a Certificate of Appropriateness (COA) that the respondent NYC Landmarks Preservation Commission (LPC) issued which would permit a developer to build a 324‑foot tower within the South St. Seaport Historic District.

The LPC is an “independent city agency entrusted with the responsibility of preserving historically and architecturally significant buildings and districts that are of importance to the City of New York.” In 1977, the LPC had designated the district. It noted that “one of its key characteristics” was the “dramatic contrast” between “the small-scale brick buildings” in the district and the “soaring skyscrapers nearby.”

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