The plaintiff/petitioner (plaintiff) had commenced a “hybrid Article 78/plenary action” against New York City and NYC’s Landmarks Preservation Commission (LPC). The plaintiff appealed from a trial court decision which granted the defendants’/respondents’ (defendants) cross-motion to dismiss the petition/complaint.

The salient issues were whether the LPC’s denial of the plaintiff’s hardship application (application) to demolish two buildings which were included within a designated landmark (two buildings) lacked a “rational basis” and whether the plaintiff “is entitled to money damages on the ground that the inclusion of the two buildings within that designated landmark constitutes an unconstitutional taking.” The Appellate Division (court) had previously affirmed the dismissal of plaintiff’s action to annul the LPC’s determination “to expand a previously designated landmark to include the two buildings….”