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Ruling on a lawsuit filed in March against the landmarks commission's top officials by a preservationist coalition, the judge called the agency's inaction "arbitrary and capricious" and ordered it to start making timely decisions on every designation request.
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The designation, requested by Gov. Judy Martz will help obtain financing to clean up the mine.
A state appellate court has overturned a lower court ruling that had chastised the New York City Landmarks Preservation Commission for failing to act on certain landmark designation requests and had called for new expedited procedures.
It also began a sweeping technology project in 2007 that will enable the public to track permits, the status of designation requests, violations and other data about the city's landmarks on its Web site.
The designation requested yesterday could result in Federal money to help recover what the state estimated is $19 million in damage in Clinton, Essex, Franklin, Wyoming, Erie and Cattaraugus counties.
Some groups are mounting a legal challenge to the designation requesting a judicial review.
Its decision-making is often opaque, and its record-keeping on landmark-designation requests is so spotty that staff members are uncertain how many it rejects in a given year.
The designation was requested by U.S. Sen. Dianne Feinstein, who for a decade has sought to protect land that wasn't included in the 1994 California Desert Protection Act.
Then last month it disclosed that an "administrative processing error" had caused inaccurate registrations for about 23,000 people, including wrong party designations, phantom requests for mail-in ballots and even registrations for people who had opted not to be enrolled at all.
The agency made the designation at the request of the New York State Department of Environmental Conservation.
(b) The Secretary shall notify the Tennessee Department of Health and Environment of any area designated unsuitable or for which such designation has been requested or terminated.
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