Hartman v City Of Mission

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 [...]

Friends of the San Luis v Archdiocese of St. Louis

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 [...]

Lakewood Racquet Club Inc. v Jensen

State of Washington Court of Appeals Division II, No. 38906-1-II, May 18, 2010
In an issue of first impression in Washington the court held an original covenantee lacks standing to enforce restrictive covenants against an original covenantor when the covenantee no longer owns property that the covenants benefit. Covenants in a 1962 deed from Orr to [...]

Western Radio Services Co. v United States Forest Service

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 [...]

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, [...]

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

Impact Energy Resources, LLC, v. Ken Salazar, et al.

United States District Court, D. Utah. Case No. 2:09-cv-435, No. 2:09-cv-440
February 17, 2010.

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 v. Hotel Royal

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
Court Of Appeal of Louisiana, Fourth Circuit
February 3, 2010

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 [...]

Friends Of The Bethany Place, Inc. v. City Of Topeka and Grace Cathedral And The Episcopal Diocese Of Kansas, Inc.

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 [...]