outside for landmark designation you from doing that's the basis of the jurisdiction that's why the court said i am without your stick sent to consider this you didn't explain the harm but again again you're on a  persuaded but by the arguments that you would be making if you could show us in the record which is all that we have to look at what it is that your client is precluded from doing that there is there is a statement i have it from your brief age five in approving the landmark designation the city of yonkers and then you quote on reasonably limited close quote i c c m w's religious assembly and structure and violation of forty two u s c two thousand and cetera which is our lead but but i i don't see what i can look at as a person trying to decide your appeal that that backs up that conclusion although the fact is that your client cannot do that is in the record in this case you may will be able to put it in the record at some point in the future if you go through the right procedures but i don't see it there you know no defect that there would not be able to  if i could see that i'm speaking for myself only if i could see that and say yes it was denied because this violates the historic designation then we would get to the issues that i think you want us to it is an application submit their building permit application to be one five for tonight six where is that in the record please that's exhibit a five six five and that's this is the one that says that he wanted to install a parking lot h c ramp and miscellaneous interior work is that the right document i'm looking at the middle which says work description description yes and then what happened with this so so with this with this what happened in the record what is there that tells us what happens to this application this was denied and this  when when the clients were trying to into existence where did not exist don't forget that your honour's that this was a permitted to use and the religious right so so there was nothing there to prevent clients to go forward with the application when the city relate to the landmark designation let me just say that i'm not unaware of the things that was said at public meetings that you recount in your papers and they are very upsetting i have to agree with you but what you have to show us is how the lad marked as ignition a prohibited you from doing things to this building that you otherwise could do no and that's where the record doesn't tell us your honor again i are you prohibited from doing what form from building this does is as a religious institution why because when you have the lent money does ignatius you're not going to be able to to build this as a religious institution such as a mosque with the dorm with the minaret if you have to do that don't you want to change the the building to come to make it a mosque with the various right in the middle no they are have you so the answer is you have not done that yet again this is the answer that you have not done that yet the question is that is the we have not did not have an answer to my questions you have not done that yet i will say if you have done that or had done that and show us that they are not making reasonable accommodations and applicable to the standard then you would have in my view standing or the case would be right for us to understand it and decide this case is a wry for your own us to decide because it was a chance facial challenge to an ordinance a landmark this ignition similar to the eleventh circuit to prevent and which was raise a first amendment the right challenge which actually discord to will our case murphy which is binding on us allows you to do that i do believe good morning may it please the court patrick knowles with a firm ferric lynch macartney nugent for the a pelleas with the exception of former councilman burroughs your honor to start and to address the point directed towards opposing counsel with regard to where in the record it says that anything about this historical designation would infect the interior i would just point you to a one six one where the plaintiff's attorney during a hearing specifically said with respect to the  interior portions of the premises the owner has the ability to perform whatever renovation work that it chooses with respect to those interior portions at this point correct yes the historical use with which supplemental requirements to have a house of worship all it does is it affect the exterior portion of this property and for that reason this is the record and if the if if this is indicated to as part of making this a place of worship do some exterior innovation they would have to apply for an exemption  to court they may your honor there's also another means that through the code that they can seek economic hardship and it which is effectively serves as appeal of that's rich if it denial but i think that we're ways off and i would just note also that with respect to murphy this case is the textbook example for why murphy is the wall in the second circuit we don't have a developed record we don't know the effect of his dog nation and at this point we don't even know what plaintiff seeks to do with the exterior of the building what we do know is nothing about the historical designation prevents them from prying from from modifying the internal use of their property or coun to stand that this group of people feels that the designation arose after they declared that they want to build a mosque and there was a certain amount of hostility and discrimination toward this group of people by the neighbors you understand that correct yes your honor i understand it but i would submit that a review of the full record indicates that the board who are the preservation board who receive this application the board are not start they received from the people they have to consider applications that come before it and this instance they did and they went through a very extensive hearing during those hearings people expressed opinions but i believe that those opinions were few and far between and most certainly not accepted by the board and actually rejected and when when the board receives opinions they put it back on track for what this was about and it was about historical designation and going through that members of this community chat gave for a new shooting this application had nothing to do with the religion or who the property owner was but rather had to do with the arise circumstance of the building being altered there were the prior property would be your argument before a fact finder but at this point the the plaintiffs suggest that's not the real reason and has the don't mean if we don't i don't understand you to be arguing some other basis for not taking this your mind and know you're out of this this is strictly a rightness issue and we believe murphy controls murphy is very clear and that this case is why because when we look at this record as your owners correctly pointed out we do not know what work they want to do on this property and to also the reason it was  against muslims is that is that where this might be going you're on i don't think we can make that assumption that they would reject anything number one number two if we look at the record on what's before this court now they've only suggested minimal changes it's only until they brought this to change in the parking lot things like that one is that example but also during the proceedings during the hearing the hearings before the landmark board there was numerous statements on the record by plaintiffs the former plaint play this former attorney who is not their current attorney who said we're just looking to make minimal changes that's it a door a window there was nothing with respect to altering the external part of th and with that it goes changes be precluded by the designation we would it would go before the board and it depends on what the extent of the changes i can't stand up here and say how the board going to decide an independent board i don't know i think it needs to go before the board before that determination can ever even though you know what historic designation means because your and i don't as certainly as well as you do or as well as you should as counsel for the city of yonkers would an historic designation preclude exterior changes no no it would to clarify with respect to exterior changes the on landmark designation does not even come to play unless they're material or external changes number one and number two  the board and when the facts developed right now it's underdeveloped that the record but the fact is that now that it hasn't historic designation it is a board that can say whether it gets to be changed or not which was a state that it permit that was submitted after the application yes they'd knew on its face that that application was going to be denied they knew they needed variances for what they sought and that's in the record as well in the here is they th  unconstitutional or legal you know as this court well knows facial concerns the text of the the statute not the application a particular circumstance here is particular circumstances so i would just  were harmed and you haven't done that yet so the saudi district court dismissed this without purchase which means show your harm come back to court and if you can convince the district court and a panel of this court that you have been harmed in the practice of your religion by this landmark designation i feel certain you will prevail your honor the fact that there was parties have to jump through hoops in order to address certain legal issues in order to get the real argument before the court we have regularly and those court counsel who come in and say your honors i know that the law of this circuit  such and that i will lose on this issue but i am making this argument to this court so that i can preserve it to get it to the supreme court this is a comparable situation there may are certain hoops that the islamic center has to jump through in order to get to the district court to have the district court decide the issues that it want it the islamic center wants to have to sided in order to get those issues to this courts of this court can look at them and decide whether they are present and whether the district court and the slummy center could have done the same