2. The Penn Central Decision on Grand Central Terminal
Photograph from Saving Place: 50 Years of NYC Landmarks by Iwan Baan
Fourth, Dolkart says one of the major successes was “The Penn Central decision.” This case began when the New York City Landmarks Commission denied a proposal from Penn Central to build a skyscraper on top of Grand Central Terminal. The case went all the way to the Supreme Court, after various appeals and reversals, with the high court determining that the landmark restriction on Grand Central did not amount to a “taking,” meaning it did not prevent Penn Central from receiving a “reasonable return” on its property. This new method, evaluating a takings case on “reasonable return,” set a new standard for land use law cases and was a significant win for preservationists.
