US Dist Ct, W.D. KY, Louisville Div., No. 3:10-CV-539-H, Jan. 12, 2011: Holds a suit to allow demolition of landmark buildings may proceed because owner either (1) properly appealed the denial of its demolition request under County ordinance or (2) was not required to exhaust administrative remedies. Denies the County’s motion to dismiss. “At some point [...]
US Court of Appeals, 10th Circuit, No. 08-4090, January 11, 2011: Majority holds that the Wilderness Society and other environmental groups (“TWS”) lack “prudential standing” to bring suit under the Supremacy Clause of the U.S. Constitution challenging a local government’s assertion of rights of way over federal lands managed by the Bureau of Land Management and [...]
The US Supreme Court denied certiorari January 10 in the case of Rocky Mountain Christian Church v Boulder County (reported here on May 25, 2010), a case decided by the United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010, involving claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). [...]
U.S. Dist. Court, D. Massachusetts, 760 F. Supp. 2d 172 (D. Mass. 2011), January 4, 2011: Rejects RLUIPA and constitutional challenges to City Ordinance designating single church parcel as historic district. The Church’s failure to submit any plan for alteration of the building exterior or apply for an exemption from constraints on alteration figured significantly in [...]
Court of Appeals of Louisiana, 4th Circuit, No. 2010-CA-1038, Dec. 30, 2010: Affirms the denial of an injunction to block the designation of a building as an historic landmark, even though the building was not in any historic district.
The Court of Appeals agreed with the trial court that there was no showing that in the absence [...]
NJ Appellate Div., No. A-3601-09T2, Dec. 30, 2010: Affirms that plaintiff’s contention she was at historic battleship just for fun, not educational purpose, has no bearing on applicability of state’s charitable immunity act.
Decision available [...]