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 [...]
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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 [...] Court of Appeals of California, Sixth District, No. H033275, October 27, 2010: Issuance of a permit under Palo Alto Ordinance to demolish a historic landmark residence does not trigger California Environmental Quality Act review because it is a ministerial, not discretionary, act under the CEQA Guidelines, the California Sixth District Appeals Court held. This is an [...] Court of Special Appeals of Maryland, No. 1017, October 5, 2010: Sets aside the conveyance of a portion of land encumbered an agricultural preservation easement that was deeded without the prior approval of the easement holder; affirms that conveyance requires such prior approval. In 1999, owner Stitzel entered into an Agricultural Land Preservation District Agreement with the [...] Appellate Court of Illinois, Second District, No. 2-09-1345, September 22, 2010: This appeal of the trial court’s balancing of equities when setting remedies for violation of a conservation easement was denied because the Appellate Court found the a balancing was appropriate and the trial court had not abused its discretion. The easement violation and remedy were [...] Appellate Court of Illinois, Second District No. 2-09-0007 September 16, 2010: In this transmission line case, the Court held that the owners of a “centennial farm” on the proposed line’s location could not appeal the state’s refusal to take note of the historic landmark designation of their house because petitioners, in their application to the state [...] Maryland Court of Special Appeals, #279 & 667, Sept. 15, 2010: Rejects appeal of the City historical commission’s demolition-delay designation of the Pennsylvania Railroad Building, affirming that hearing notice and process were adequate and finding the designation decision as consistent with the enabling act and master plan. Also affirms that judicial review is available generally from [...] Court Of Appeal of Florida, Third District, 3D10-1137, Sept. 8, 2010: Allows a city’s designation of a property as a historic site to stay in place while the owner litigated the designation, thereby reversing a trial court’s order enjoining the designation. “The [trial court's] Order does not show that immediate and irreparable injury will result if [...] Court Of Appeals of Arizona, Division Two, 2 CA-CV 2009-0186, Aug. 31, 2010: Attorney fees may not be awarded to a private landowner who prevails in a regulatory taking case pursuant to A.R.S. § 11-972(B). The court analyzed the statute and concluded that attorney fees may be awarded only in a physical taking matter and reviewed [...] Supreme Court of South Dakota, # 25407, July 7, 2010: Holds the phrase “any historic property” under a state historic preservation enabling act, SDCL 1-19B-62, does not include historic districts, but that City of Deadwood’s determination whether a project would “encroach upon, damage, or destroy” historic properties may be based on the local ordinances in addition [...] MA Supreme Judicial Court, SJC-10559, August 2, 2010: Holds that the public’s interest in tidelands (public trust doctrine) may not be extinguished either by registration of title under the state’s Torrens system or by acts of the Attorney General absent an express delegation of power by the legislature, which has not occurred. Arno has a certificate [...] Superior Court of New Jersey, Appellate Division, No. A-5380-06T1, July 30, 2010: Held that an allegation of intentional nuisance is not sufficient to remove a private nuisance claim from the purview of the NJ Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4. Farmer Raub’s residential neighbors brought a nuisance action in Superior Court against Raub [...] Iowa Court of Appeals of Iowa, No. 0-317 / 09-1424, June 30, 2010: Upholds a trial court decision that a historic landmark zoning designation of property adjacent to the appellant’s property did not did not violate constitutional due process or equal protection clauses and was not illegal spot zoning. The City Council rezoned the individual [...] Appellate Division Of The Supreme Court Of New York, First Department, no. 107666/07, 2119, June 24, 2010: Upheld the City’s designation of landmark status to two buildings of the “First Avenue Estate” that the City had previously excluded when adjacent buildings where designated as landmarks. The petitioner challenged the City’s turnaround as arbitrary and capricious, [...] Superior Court of New Jersey, Appellate Division, No. A-2391-08T2, June 25, 2010: A 2007 legislative amendment retroactively increasing the number of days of public access required for a certified historic site to get a tax exemption was upheld as applicable to the petitioner Cottage Club despite an earlier NJ Supreme Court order. At issue was whether [...] Superior Court of California, No. Civ 482448, June 18, 2010: Trial court finds an unconstitutional taking in Commission’s requirement that plaintiff grant a perpetual agricultural easement for “active agricultural use” of 140 acres as a condition for a permit to build a house. The requirement failed the “essential nexus” test of Nollan v. California Coastal Commission, [...] 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 [...] |
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