New Albany Historic Preservation Commission v Bradford Realty

Ind. Court Of Appeals, No. 22A01-1108-PL-365, March 22, 2012: Owner in historic district not entitled to actual notice of potential designation of district; replacement of original wood siding with vinyl siding is “conspicuous change” requiring Certificate of Appropriateness; designation was not inverse condemnation.

The New Albany Historic Preservation Commission (HPC) and the City of New Albany (collectively, [...]

BUTLER v. COMMISSIONER OF INTERNAL REVENUE

United States Tax Court, T.C. Memo. 2012-72, March 19, 2012: Where taxpayer presented credible evidence that reserved rights were not inconsistent with conservation purposes and IRS presented none to contrary, taxpayer satisfies burden of proof despite sparse record; state law determines whether unrecorded baseline documents may be incorporated by reference in conservation easement; appraisal revised by [...]

KOWALCHIK v. BROHL (Brohl II)

Court of Appeals of Colorado, Division A, No. 11CA2634, March 15, 2012: Resolution of litigation regarding Colorado conservation easement tax credits between Dept. of Revenue and the original donor of the easement as tax matters representative is binding on transferees of the CE credits; transferees are not necessary parties to such disputes and need not be [...]

STOCKPORT MOUNTAIN CORPORATION LLC v. NORCROSS WILDLIFE FOUNDATION

US District Court, M.D. Pennsylvania, No. 3:11cv514, March 1, 2012: Finding that conservation easement’s purposes and its prohibition on industrial or commercial uses of any kind are made ambiguous by uses allowed by the easement, and therefore the easement does not necessarily prohibit natural gas drilling, denies motion for summary judgment.

Plaintiff Stockport Mountain Corporation LLC (Stockport) [...]

Morosco v. Historic Review Commission of Pittsburgh

Commonwealth Court of Pennsylvania, No. 2106 C.D. 2010, February 24, 2012: An individual without any particular harm beyond the common interest lacks standing under PA law to appeal Pittsburgh historical commission’s decision allowing demolition of a historical building. Unreported opinion.

The Pittsburgh Historic Review Commission (HRC) granted a Certificate of Appropriateness allowing demolition of an historic building [...]