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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 [...] Colo. Court of Appeals, Div. A, No. 11CA2634, February 2, 2012: Grants request for interlocutory appeal of four issues of law of first impression in Colorado regarding tax treatment of purchase of conservation easement tax credits. A later opinion will address the merits. In the case at trial, the plaintiffs collectively donated fourteen conservation easements over two [...] Court of Appeals of Maryland, No. 36, September Term, 2011, Jan. 24, 2012: Holds that a county Planning Board’s recommendation to the county Council against including a certain building in the county’s Master Plan for Historic Preservation did not become a “final appealable administrative agency decision” suitable for judicial review on a mandamus action when the [...] The Court’s opinion in this case was revised on February 14, 2012. A revised Digest post discussing the decision is [...] Mass. Appeals Court, No. 10-P-1665, October 14, 2011: Holds the enforceability beyond 30 years of land use restrictions set by a government agency, such as incident to the grant of a zoning special permit, is not limited by state statute that limits enforceability of restrictions on their face unlimited as to time. The Massachusetts statute, M. G.L. [...] Court of Special Appeals of Maryland, No. 219, September 6, 2011: Upholds a Maryland historic district commission’s decision that reconstruction to match an original porch, removed many years before from a home in a historic district, was rehabilitation, not new construction, and therefore commission could require use of wood rather than fiberglass columns. The Millers sought approval [...] Court of Appeals of Colorado, Division VII, No. 10CA1006, August 18, 2011: Affirms district court order requiring state to disclose records about an investigation of conservation easements appraisals used to obtain Colorado tax credits. The Colorado Division of Real Estate and the Board of Real Estate Appraisers (collectively the Board), in connection with a statewide investigation of [...] NY Supreme Court, Westchester County, Index no. 23534/10, July 13, 2011: Summary judgment order by trial court that conservation easement from Town to land trust prohibits the creation of fenced enclosures or “habitat” for the keeping of wolves. The conservation easement was granted by the Town as a condition to receiving a grant from Westchester Land Trust [...] Commonwealth Court of Pennsylvania, 2057 C.D. 2010 July 12, 2011: Restriction to “recreational use” in Declaration of Covenants, Conditions and Restrictions (Declaration) does not allow structure or use for basketball court. Unreported opinion. Land acquired by a Township in part with county funds was subject to the Declaration stating the land would be used only “for wildlife [...] Ohio Court of Appeals, 10th Appellate Dist, 2011 Ohio 3315, June 30, 2011: Requirement that replacement windows in historic district “match the original windows, like-for-like” would not confuse a person of ordinary intelligence and therefore is not unconstitutionally vague, does not constitute an unconstitutional exercise of the City’s police powers. Defendant Bahgat replaced divided light wood frame [...] Commonwealth Court of PA, 1273 C.D. 2010, 1274 C.D. 2010, April 18, 2011: City Board of License and Inspection Review must defer to the Historical Commission’s interpretations of words in city Historic Preservation Ordinance. The Philadelphia Board of License and Inspection Review (Board) reversed a decision of the Philadelphia Historical Commission (Commission) approving a permit for the [...] App. Div. of NY Supreme Court, 3rd Dept., 2011 NY Slip Op 01551, March 3, 2011: Holds local landmarks preservation commission can’t prevent demolition of historical landmark owned by schools district because school district is a “state agency” under NY law. The school district (District) sought to demolish the 1932 Markles Flats Building it owned that had [...] 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 [...] MD Court of Special Appeals, No. 1176/09, Feb. 25, 2011: Held the circuit court properly refused to review the County Planning Board’s recommendation to the County District Council against designating a building as a historic site. Montgomery County’s Historic Preservation Commission, at the request of the Silver Spring Historical Society, recommended to the Maryland-National Capital Park and [...] 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 [...] Appeals Court of Massachusetts, No. 10-P-605, February 16, 2011: Upholds the denial of a property tax exemption for a historic mansion and 6 surrounding acres, part of a state park leased under the state’s historic curatorship program to a private entity to operate a bed and breakfast and for other specified for-profit purposes. The private lessee [...] 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 [...] Court of Appeals of California, Fifth District, No. F058826, Filed November 29, 2010: Upholds the facial validity of the County’s Farmland Mitigation Program provision that conversion of farmland to residential development requires the grant of an agricultural conservation easement over an equivalent area of comparable farmland, with some exceptions. Stanislaus County adopted the Farmland Mitigation Program (FMP) [...] Court of Appeals of California, Second District, Division Three, No. B212733, November 22, 2010: California’s statutory exemption from historic preservation for noncommercial property owned by a religious organization does not apply to a building that has been a commercial, for-profit apartment building since it was built and was not at the time of the application for [...] |
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Copyright Jonathan Bockian 2012 - All Rights Reserved |
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