Case 69



White v. Shull, 520 F. Supp. 11 (S.D.N.Y. 1981).

Plaintiffs sought to remove the village of Tuxedo Park, New York, from the National Register of Historic Places. Plaintiffs argued that the village did not meet the criteria for the Register and that the Keeper of the Register, an official in the National Park Service of the Department of the Interior, had not complied with certain administrative procedures in listing the village.

The Keeper's regulations required persons wishing to have properties removed from the Register to submit information to the Keeper through the State Historic Preservation Officer or Federal representative. Because plaintiffs had not done this, the court found that plaintiffs had failed to exhaust their administrative remedies. 520 F. Supp. at 13-14. The court rejected plaintiffs' claim that relief should be granted because the Keeper's regulations did not set forth the administrative mechanism to be followed if errors were found in the nomination process. Id. at 14. The court also rejected plaintiffs' claims that administrative review would be futile. Id. at 15.

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