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Natural Resources Defense Council v. New York, City of

Citation: 12 ELR 20449
No. No. 81 Civ. 6203 (KTD), 534 F. Supp. 279/(S.D.N.Y., 02/11/1982) Judgment for defendants

After summarily rejecting, 12 ELR 20446, the bulk of plaintiffs' claims in a case seeking an injunction against the demolition of two historic theaters in New York City, the court rejects plaintiffs' final claim that ex parte contacts unlawfully influenced the determination of the Advisory Council on Historic Preservation to approve demolition of the theaters. The standard to be followed in evaluating the validity of the Council's determination is whether it was based on relevant factors and reached independently. Depositions and testimony by the federal officials involved demonstrate to the court that although there was significant White House pressure to expedite the Council's decision, the final judgment was based solely on the merits and thus must be upheld.

[Other decisions in this litigation are reported at 12 ELR 20182, 20446, and 20451 — Ed.]

Counsel are listed at 12 ELR 20182.