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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - xIn the Matter of the Application of PROTECT THE VILLAGE HISTORIC DISTRICT, by ThomasE. Molner, Chair and Treasurer, HISTORIC DISTRICTSCOUNCIL, DOCOMOMO NEW YORK-TRISTATE, THEHISTORIC NEIGHBORHOOD ENHANCEMENT ALLIANCEd/b/a Defenders of the Historic Upper East Side, LANDMARKWEST!, THE CAMBRIDGE OWNERS CORP, THE 175 WEST12

STREET CONDOMINIUM, THE JOHN ADAMSOWNERS, INC., THOMAS E. MOLNER, GARY A. TOMEI,TREVOR STEWART, CAROL GREITZER, IAN E. WISE,CRAIG E. RAIA, PHILIP H. SCHAEFFER, MAURICE B.ZUCKER, NAOMI USHER, DAVID R. MARCUS, VICTORIAB. LAMB, MARILYN DORATO, BARBARA H. DATESH, E.GERALD SALIMAN and LOGAN LUCHSINGER,Petitioners, Index No.For a Judgment Pursuant to Article 78 of theCivil Practice Law & RulesVERIFIED-against- PETITIONNEW YORK CITY LANDMARKS PRESERVATION COM-MISSION, ROBERT TIERNEY as Chair of the New York City Landmarks Preservation Commission, THE CITY OF NEWYORK and ST. VINCENT’S CATHOLIC MEDICAL CENTERS,Respondents.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - xPetitioners, by their attorneys, on information and belief, allege as follows:NATURE OF CASE1.

This is a proceeding under CPLR Article 78 pursuant to which the petitionersseek a judgment declaring illegal and setting aside a decision by the New York City LandmarksPreservation Commission (“LPC”) under the City’s Landmarks Preservation and Historic

2Districts Law (the “Landmarks Law”). The decision, by a narrow 6-to-4 vote, authorized St.Vincent’s Catholic Medical Centers (“St. Vincent’s”) to demolish the historic headquarters of theNational Maritime Union (now known as the O’Toole Building) in the Greenwich VillageHistoric District on the claimed basis of constitutional “hardship.” Among other things, thepetitioners contend that the LPC misapprehended and misapplied the law, as articulated by theUnited States Supreme Court in its historic decision that saved Grand Central Terminal, anddisregarded the mandates of the Landmarks Law. In addition, petitioners contend that becauseSt. Vincent’s acquired O’Toole Building AFTER the restrictions imposed by the LandmarksLaw were already in place, the Hospital could not have had “reasonable investment- backedexpectations” of the sort that would justify a constitutional exception to the otherwise proper andlawful restrictions on an owner’s use of its property that are codified in the Landmarks Law.Petitioners also challenge the majority’s finding that there were no alternatives to the demolitionthat would adequately serve St. Vincent’s needs. In addition, petitioners assert that for differentreasons, the votes of two members of the LPC majority should be disqualified, and theychallenge the chaotic and irrational procedures followed by the Commission in reaching itsdecision.2.

Petitioners seek a judgment and order pursuant to CPLR Article 78 for thefollowing relief:(a) Declaring illegal and in violation of law the LPC’s decision authorizing/ approving the demolition of the O’Toole Building;(b) Setting aside such approval and directing the LPC to conduct any furtherproceedings in accordance with applicable law;

3(c) Enjoining St. Vincent’s and its agents from taking any actions or othersteps to further the demolition of the O’Toole Building;(d) Awarding petitioners’ legal fees, costs and disbursements in this action; and(e) Granting such further or other relief as the Court deems just and equitable.THE PETITIONERS3. Petitioner PROTECT THE VILLAGE HISTORIC DISTRICT (“PVHD”), aproject of the Citizen’s Action Program of Open Space Institute, a 501(c)(3) public charity, is anunincorporated association composed primarily of Greenwich Village residents and home-owners. PVHD was formed in January 2008 to oppose the threatened wholesale destruction of many buildings of historic, cultural and architectural value in the Greenwich Village HistoricDistrict, including, in particular, St. Vincent’s plan to demolish the O’Toole Building andconstruct in its place a 300-foot high hospital tower totally out of keeping with the historic fabricof the District. Since it was organized, PVHD has participated actively in the proceedings beforethe LPC in which St. Vincent’s sought permission to demolish O’Toole and construct the newtower. Among other things, PVHD presented oral testimony at the public hearings, submittedwritten statements, researched potential alternative sites and, through its attorney, filed a numberof factual and legal memoranda with the LPC.4. PVHD is governed by an 11-person Steering Committee and advised by a broadercommunity Strategy Group. Thomas Molner is the Chairman and Treasurer of the organization.Since PVHD was formed, nearly 1,000 members have joined. Many, but not all, of thesemembers reside in Greenwich Village, and a significant number of them reside and/or ownproperty directly across from, or within a block of, the O’Toole Building and the site of the new

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Pvhd Petition

Suit against St. Vincent's and New York City's Landmarks Preservation Commission that attempts to block the demolition of the historic O'Toole Building

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