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Natural Resources Defense Council v. New York, City of

Citation: 12 ELR 20182
No. No. 81-7868, 685 F.2d 425/(2d Cir., 01/06/1982) Stay pending appeal granted

The Second Circuit orders the district court to issue a preliminary injunction against the demolition of the Helen Hayes and Morosco Theaters in New York City pending final disposition of appellants' claims based on state and federal historic preservation law. The court rules that appellants have met the test for a preliminary injunction. Their allegations of undue influence exerted by White House officials on the Advisory Council on Historic Preservation, although denied by appellees, raise "sufficiently serious questions going to the merits to make them a fair ground for litigation." In addition, the balance of hardships favor appellants since they will suffer a total loss if the theaters' demolition is not enjoined.

[Appended to the opinion of the court was the following statement: "N.B. Since this statement does not constitute a formal opinion of this court and is not uniformly available to all parties, it shall not be reported, cited or otherwise used in unrelated cases before this or any other court." — Ed.]

Counsel for Appellants
Joel Silber
Fried, Frank, Harris, Shriver & Jacobson
1 NY Plaza, New York NY 10004
(212) 820-8000

Burce J. Terris
Terris & Sunderland
1526 18th St. NW, Washington 20036
(202) 332-1882

Counsel for Appellees
Lorna Bade Goodman, Ass't Corp. Counsel
100 Church St., New York NY 10007
(212) 566-3929