IN Appeals Court Upholds Grant of Certificate of Appropriateness to Project...
This post was authored by Matthew Loeser, Esq. Lockerbie Glove Factory Town Home Owners Association, Inc., and eight residents of the townhomes (“Remonstrators”) appealed the decision by the...
View ArticleFed. Dist. Court in OR Denies Injunction Under NHPA
This post was authored by Amy Lavine, Esq. The District Court for the District of Oregon refused to issue a preliminary injunction in a recent decision alleging that the City of Salem and various state...
View ArticleNY Appellate Court Finds Owner Failed to Show that Commission was Prejudiced...
This post was authored by Matthew Loeser, Esq. New York City Landmarks Preservation Commission (“LPC”) denied the hardship application of petitioner, Stahl York Avenue Co., LLC, to demolish two...
View ArticleNY Court of Appeals Rules that Landmarks Commission Acted Reasonably in...
This post was authored by Amy Lavine, Esq. The New York State Court of Appeals issued a decision on historic preservation regulations last month in Matter of Save America’s Clocks, Inc. v City of New...
View ArticleNY Appellate Court Finds Historic Resources Study Was Not Exempt from...
This post was authored by Amy Lavine, Esq. A New York appellate court held in April that a historic resources study wasn’t an intra-agency document exempt from disclosure under the state Freedom of...
View ArticleCO Appellate Court Reverses Dismissal of Historic District Challenge
This post was authored by Amy Lavine, Esq. The Colorado Court of Appeals ruled in May that a supermajority voting requirement in the Denver City Charter applied to historic district designations as...
View ArticleDC Appeals Court Affirms Mayor’s Agent’s Approval on Remand of Subdividing a...
This post was authored by Matthew Loeser, Esq. The 25-acre parcel of land at issue, known as the Filtration Complex, occupied roughly one fourth of the McMillan Reservoir and Filtration Complex...
View ArticleOH Appeals Court Reverses Denial of Conditional Use Permit for an Historic...
This post was authored by Matthew Loeser, Esq. Deborah Okey and Steven Okey were the owners and occupants of a 7,000 square-foot residence, located in an “R-1” (single family residential) zone in the...
View ArticleDC Circuit Court of Appeals Holds FCC’s Deregulation Order Unreasonably...
The United States Court of Appeals for the District of Columbia Circuit concluded that a Federal Communications Commission (FCC) deregulation order was arbitrary and capricious because it eliminated...
View ArticleTX Appeals Court Holds Historic Preservation Ordinance Did Not Constitute a...
This post was authored by Matthew Loeser, Esq. In 1995, the City Council of Houston adopted the Historic Preservation Ordinance (“HPO”) that provided for the creation of historic districts and required...
View ArticlePA Appeals Court Dismisses Appeal Over Historic Designation as Moot
This post was authored by Rachel Silverstein, Touro Law Center A Philadelphia ordinance authorized the Philadelphia Historical Commission (the “Commission”) to designate historical sites as the...
View ArticleNY Appellate Court Denies Motion to Enforce Prior Order Finding Settlement...
This post was authored by Matthew Loescher, Esq. Petitioner Pittsford Canalside Properties, LLC (“PCP”) was the owner of property located in the Village of Pittsford on which it intended to construct a...
View ArticleFifth Circuit Court of Appeals Finds Tenth Street Residential Association...
This post was authored by Matthew Loescher, Esq. In 2010, the City of Dallas amended its City Code to streamline its procedure for demolishing dilapidated historical homes smaller than 3,000 square...
View ArticleFifth Circuit Holds Association Failed to Establish Organizational Injury...
This post was authored by Matthew Loescher, Esq. In 2010, the City of Dallas amended its City Code to streamline its procedure for demolishing dilapidated historical homes smaller than 3,000 square...
View ArticleCA Appeal Court Holds Native American Tribal Cultural Resource Protections...
This post was authored by Matthew Loescher, Esq. Ruegg & Ellsworth and Frank Spenger Company applied to the City of Berkeley for approval of a mixed-use development pursuant to Government Code...
View ArticleVA Supreme Court Agrees Historic Preservation Foundation Lacked Standing to...
The circuit court did not err in determining that a foundation established to advocate for the preservation of a locality’s historic buildings, districts, and neighborhoods lacked standing to pursue...
View ArticlePA Commonwealth Court Concluded Appellants Did Not Suffer Any Direct Harm by...
This post was authored by Olena Botshteyn, Esq. Historic Review Commission (HRC) reviews applications for alterations to historic buildings and issues certificates of appropriateness in the City of...
View ArticleTX Supreme Court Says Historic Preservation is Not Zoning
This post was authored by Edward J. Sullivan, Esq. Powell v. City of Houston, __ SW 3d__ (No. 19-0689, Tex., 2021) was a challenge by declaratory judgment against Defendants regulations...
View ArticleFed. Dist. Ct of KY Denies Objections to the Listing of a Property in the...
This post was authored by Matthew Loescher, Esq. As it pertains to this case, the National Historic Preservation Act (“NHPA”) authorizes the Secretary of the Interior (“Secretary”) to “expand and...
View ArticleCourt of Appeals of Maryland Finds Resolution to Remove Historic Schoolhouses...
This post was authored by Matthew Loescher, Esq. Prince George’s County Council sought to remove two historic schoolhouses in Upper Marlboro, Maryland from the 2010 Prince George’s County Historic...
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