Appellate court affirms sale of Two Columbus Circle

Preservation group opposes conversion and remodeling of Columbus Circle modernist building. The First Department has affirmed the lower court’s decisions on Landmark West’s challenge to EDC’s sale of Two Columbus Circle to the Museum of Arts and Design. 2 CityLand 141 (Oct. 15, 2005). The appellate court ruled that the group’s challenges to the legality of the Landmark Preservation Commission’s procedures were improperly raised for the first time on appeal. The court also rejected the group’s conspiracy and constitutional claims, finding that there was no evidence to show a scheme to undermine the group’s First Amendment right to petition the Commission.

Landmark West! v. Tierney, 2006 N.Y. Slip Op. 00010, Jan. 3, 2006 (1st Dep’t).

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