Kaufman v Commissioner of Internal Revenue

U.S. Tax Court, 134 T.C. No. 9, April 26, 2010

The Tax Court rejected a deduction for a façade easement that was subordinate to a mortgage, but denied the IRS summary judgment as to whether a companion cash contribution was a conditional gift. Because the superior mortgagee would have a prior claim to condemnation and insurance proceeds, [...]

Oregon Transfer of Development Rights Pilot Program Rules

Oregon’s Department of Land Conservation and Development (DLCD) adopted rules in January 2010 to implement the Oregon Transfer of Development Rights Pilot Program. A description of this initiative is available online from DLCD at http://www.oregon.gov/LCD/tdr_pilot_program.shtml. According to DCLD, “Transfer of development rights (TDR) programs are a voluntary, incentive-based and market-driven approach to preserve land and direct [...]

Berman v City of Newport

Rhode Island Supreme Court, No. 2008-74, April 20, 2010

This case adjudicated the liabilities of Newport (easement holder) and the landowner/easement grantor (Preservation Society of Newport) for injury suffered by a member of the public while using the Cliff Walk easement. The court held that because the city had actual notice of dangerous instabilities in the ground [...]

Ohio Turnpike Commission v Spellman Outdoor Advertising Services

Ohio Sixth Appellate District Court of Appeals No. E-09-038, April 16, 2010

Holds that land deriving title from grantor of restrictive covenant to a state agency is not subject to the covenant because the deeds subsequent to the recording of the covenant did not mention the covenant and the owner had no actual knowledge of it. The [...]

NJ Right to Farm Act Amended for Renewable Energy Facilities

Jan. 18, 2010
New Jersey amended its Right to Farm Act to allow for renewable energy facilities on preserved farmland. Chapter 213 of the Laws of 2009 encourages solar, wind and biomass facilities. According to an article on the website of Lowenstein Sandler PC, “The new law allows the owner of preserved farmland to construct and operate [...]

Academy of Our Lady of Peace v San Diego

United States District Court, S.D. California. No. 09cv962-WQH-AJB.
April 1, 2010

The court rejected summary judgment and injunctive relief motions by a religious school (OLP) that alleged the City’s refusal to issue permits for “modernization” of the school was a violation by the City of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. [...]

Committee for The Preservation of The Seattle Federal Reserve Bank Building v Federal Reserve Bank of San Francisco

United States District Court, W.D. Washington
No. C08-1700RSL, March 19, 2010

The court set aside an agreement by the Federal Reserve Bank of San Francisco (FRB) to sell its Seattle branch building, eligible for inclusion in the National Register of Historic Places. The opinion implies that this decision is the first time a court ever set aside agency [...]

Humble Ventures v The City of Steamboat Springs

Colorado Court Of Appeals
09CA0386 03-11-2010

The court affirmed a summary judgment finding that a trail easement to the City that forbids public trail access “until such time as” a community cabin is built on land of the grantor outside the easement area neither gives the City the right to build the cabin nor implies an obligation [...]

Klauer v Commissioner of Internal Revenue

United States Tax Court
T.C. Memo. 2010-65, Filed April 5, 2010

The Tax Court found that the taxpayer’s sale of a parcel land in phases over three years to the Trust for Public Land (TPL) pursuant to an Option Agreement signed in 2001 (and amended several times) were bargain sales for which the taxpayer was entitled to charitable [...]

Ruling Spares Neutra Gettysburg Cyclorama For Now

Recent Past Preservation Network et al v John Latschar … Superintendent Of Gettysburg National Military Park et al
United States District Court for the District of Columbia
Case Number: 1:06-CV-02077-TFH, March 31, 2010

The Recent Past Preservation Network reports, “On March 31, 2010, a federal judge ruled in favor of the Recent Past Preservation Network in the lawsuit involving [...]

Minnesota Enacts Historic Preservation Tax Credit

Preservation Alliance of Minnesota, among other sources, reports, “State Historic Rehabilitation Tax Credit signed into law… [April 1, 2010] by Governor Tim Pawlenty through Jobs Stimulus Bill”. Click here to [...]

Citizens Emergency Committee to Preserve Preservation v. Tierney

New York State Supreme Court, Appellate Division, First Department.
2010 NY Slip Op 01572 [70 AD3d 576], February 25, 2010

The New York City landmarks commission’s refusal to act on a citizens’ group landmarks petitions was allowed by this appeals court decision, overturning a lower court’s grant of mandamus. The appeals court found the citizens’ group lacked standing, [...]

Nine Mile Canyon Coalition, et al v. US Dept. of The Interior and BLM

United States District Court, District of Utah, Central Division, Civil Nos. 2:08 CV586 DB
Settlement filed 03/30/10

This matter just settled. For news reports on the settlement of this litigation that challenged “a 2005 law that allows BLM to approve certain oil and gas projects without preparing new environmental analyses that would normally be required by the National [...]

National Trust for Historic Preservation v US Dept. of Veterans Affairs et al

United States District Court Eastern District of Louisiana
No. 09-5460, Filed 03/31/10

The National Trust for Historic Preservation’s motion for summary judgment was denied in a challenge under the National Environmental Policy Act (“NEPA”) to a Programmatic Environmental Assessment (“PEA”) and subsequent Findings of No Significant Impact (“FONSIs”) issued by FEMA and the VA regarding the selection of the Mid-City site “70-plus acres adjacent to downtown”* for building medical facilities to replace Charity Hospital and the Veterans Affairs Medical Center. The District Court held (1) NTHP’s claims against FEMA are ripe for review (“if Plaintiff is required to wait to bring its claims, further action on the medical facilities projects will occur without Plaintiff having its day in Court”), (2) NTHP has standing on behalf of a member who lives in New Orleans but not on behalf of the organization itself (“since it has not alleged a sufficient injury in fact by virtue of the project harming its general interest in historic preservation”), (3) NTHP’s suit is not barred by laches, and (4) in favor of the defendants and against NTHP as to all four of the substantive arguments raised by NTHP regarding whether the PEA and FONSIs were lawful under NEPA. Continue reading National Trust for Historic Preservation v US Dept. of Veterans Affairs et al