That's the question BrickUnderground asked an expert, real-estate attorney Steven Wagner of Wagner Davis, about the destruction of the circa 1852 home on East Sixth Street. Here's the rather longish short answer:
“Personally I think what he did was wrong if the building was distinctive and worthy of preservation, but that is not a legal issue,” Wagner says.
“When a building is not landmarked, but Landmarks has issued a letter that [it] is being considered for landmarking, the DOB will hold the any plans (including demolition) for 40 days, which is the maximum time the DOB has to review plans and issue a decision," says Wagner.
The DOB can usually find issues, says Wagner.
But, he adds, if the owner of the property files an application for demolition prior to the landmarking and gets a permit before the property is landmarked, the right to demolish survives the landmarking.
So you see, he did nothing illegal. I wish that you people would just leave him alone then!
Oh, and that photo illustration is via BrickUnderground.
Hat tip to Curbed.
Previously on EV Grieve:
Is David Schwimmer the 'Friends' star who now owns the demolished 331 E. Sixth St. townhouse?
Outrage over total demolition of historic East Sixth Street townhouse
7 comments:
Just because it's legal don't mean it's justified...
The One with the Douchebag Narcissist Neighbor
Please lets not let this prick off the hook or "leave him alone then!" as advised on this.
It's not illegal to be an asshat, either, but that doesn't make it right.
People with money like Douchebag Scwhimmer can afford to hire people, like lawyers, to circumvent the law. Just because it wasn't illegal doesn't make it right. Same goes for Wall Street doing their credit swap dealings and others that brought down the financial crisis. Was their dealings illegal? No. Was it right? Yes, to the 1%.
What? so "NOW" people start talking to lawyers?? ...little late.
Fuck celebrities. They don't deserve to be let off the hook for bad behavior. They're stealth 1%'ers. I've been on planes that have been held up because some celebrity or another couldn't board the plane with the "regular" people because they might be recognized. You know what? Hire your own damn plane then or deal with the downside of all your money and fame. They don't seem to complain when they're making millions of dollars only when they might be inconvenienced when they're recognized. Who the hell do they think are paying them anyway. At the end of the day it's the regular people who buy the shit they directly or indirectly shill.
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