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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 [...] Maryland Court of Special Appeals, No. 0228, February 14, 2012: Revised decision holds the purchased non-perpetual agricultural preservation easement at issue does not create charitable trust in Maryland, but abutter has rebuttable presumption that it has standing to bring mandamus action regarding enforcement of the easement by a state entity. The decision issued February 14, 2012, revises [...] U.S. Court of Appeals, Dist. of Columbia Circuit, No. 10-7135 February 3, 2012: Holds that City has standing in federal court to challenge Conrail sale of historic structure formerly used for rail purposes. Conrail sold a six-block, half-mile long stone structure it owns “in the heart of Jersey City’s historic downtown” (Harsimus Embankment) to developers. The State [...] The Court’s opinion in this case was revised on February 14, 2012. A revised Digest post discussing the decision is [...] U.S. Court of Appeals, Fifth Circuit, No. 10-30918, September 26, 2011: Denies standing of neighborhood group to challenge National Historic Preservation Act section 106 review of related action in another neighborhood. Friends of St. Frances Xavier Cabrini Church (Friends) a nonprofit unincorporated association dedicated to protecting a Roman Catholic church located in the Gentilly neighborhood of New [...] US Dist Ct, W.D. KY, Louisville Div., No. 3:10-CV-539-H, April 8, 2011: Allows neighboring property owner and historic preservation groups to intervene to challenge an agreement between the County and Iron Quarter to demolish landmark buildings. Property owner Iron Quarter LLC (“Iron Quarter”) sought to demolish landmark buildings (“landmarks”) in Louisville. The County denied a demolition order. [...] Court of Appeals of South Carolina, Unpublished No. 2011-UP-086, March 1, 2011: Enforces a private negative deed covenant imposed for conservation purposes and enjoins construction of a dock at a community lot in a subdivision. (Opinion has no precedential value under SC rules.) A small limited partnership (“LP”) developed Martins Point with the express goal “to preserve [...] Mass. Appeals Court, 78 Mass. App. Ct. 677, Jan. 28, 2011: Court held for the first time that an abutter has standing to seek enforcement of a deed restriction that does not refer to the abutter’s land or identify it as a benefited parcel. The restriction, which ran with the land, was granted as a condition to [...] 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 [...] United States District Court, District of Columbia, No. 09-1900, No. 14., 39, September 28, 2010: The City, Rails to Trails Conservancy (RTC) and a community coalition (Coalition) lacked standing to ask the court to block Conrail from abandoning rail property and selling it to a developer planning non-rail uses without first obtaining Surface Transportation Board (“the [...] Court of Appeals of Kansas, no. 101,804, June 11, 2010: The appellant lacked standing under Kansas law to challenge the city’s refusal to hold a referendum for two citizens-proposed ordinances about the establishment of a historic district, and to challenge the city council’s exclusion of one of its members from an executive session held to discuss [...] Court of Appeals of Missouri, Eastern Dist., Div. Three, ED93582, June 8, 2010: The appellant’s petition for an injunction to prevent demolition of a historically significant building was denied at trial for lack of standing. The Appeals Court dismissed the appeal as moot because the building was demolished shortly after the trial court’s judgment, and declined [...] State of Washington Court of Appeals Division II, No. 38906-1-II, May 18, 2010 United States District Court, D. Oregon, Eugene Division. No. 08-6359-HO, March 23, 2010. Standing to request an injunction alleging violations of the National Environmental Policy Act and the National Forest Management Act was denied, in part, based on mootness. Western Radio (WRS) was denied a temporary restraining order and preliminary injunction earlier in this litigation to [...] New York State Supreme Court, Appellate Division, First Department. 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, [...] United States District Court Eastern District of Louisiana 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 United States District Court, D. Utah. Case No. 2:09-cv-435, No. 2:09-cv-440 The US District Court for Utah held the Southern Utah Wilderness Alliance and other environmental and historic preservation advocacy groups (collectively, “SUWA”) are entitled to intervention as-of-right in litigation by various energy companies challenging the US Secretary of the Interior’s withdrawal of 77 leases [...] Vieux Carre Property Owners, Residents and Associates, Inc. and French Quarter Citizens For The Preservation Of Residential Quality, Inc. v. Hotel Royal, L.L.C. NO. 2009-CA-0641 The Court of Appeals affirmed a trial court’s decision that the appellant private citizens’ organizations lacked standing to bring an action to enjoin the hotel-appellee’s [...] Court Of Appeals Of Kansas, Docket No. 100,997, January 22, 2010 After a lower court overruled the Topeka City Council’s grant of a permit for a parking lot on land listed on the Register of Historic Kansas Places despite the SHPO’s opposition, this appeals court decision reinstated the permit. The appeals court weighed the original hearing record [...] |
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Copyright Jonathan Bockian 2012 - All Rights Reserved |
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