US Court of Appeals, 2nd Circuit, Nos. 12-1057-cv (Lead), 12-1495-cv (Con), September 19, 2014: Certificate of historical appropriateness subject to RLUIPA; current property interest not needed to bring RLUIPA claim; multiple factors must go into discriminatory intent inquiry.
RLUIPA is the federal Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. Litchfield’s Historic [...]
Appellate Court of Connecticut, Ac 35713, August 12, 2014: Attorney’s fees awarded to historic commission.
Sciame was ordered by the local Historic District Commission (Commission) to remove certain renovations on a property in a historic district. When he failed to comply, the commission sued. After a trial on the issues found for the commission, and trial and [...]
Conn. Appellate Court, AC 36326, July 8, 2014: Stone wall is “permanent structure”
At issue was whether a stone wall erected by Medina, the defendant, at a location where a restrictive covenant between private parties prohibited construction of any “permanent structure,” was a permanent structure in violation of the covenant. A lower court agreed with Medina that [...]
United States District Court, D. Connecticut.
January 12, 2010.
This District Court in the Second Circuit held that “in the particular circumstances of this case” two Connecticut environmental laws — the Inland Wetlands and Watercourses Act (the “Wetlands Act”), Conn. Gen. Stat. §§ 22a-36 through 22a-45, and the Connecticut Environmental Protection Act (the “CEPA”), Conn. Gen. Stat. [...]
In the article “Court upholds church plan to demolish historic Stamford rectory”, Elizabeth Kim, writes, “A state Superior Court judge ruled Wednesday that St. Andrew’s Episcopal Church may proceed with demolition of its 136-year-old rectory downtown. … Under a rarely used state environmental law, any citizen can sue to prevent the ‘unreasonable’ destruction of historic buildings…” [...]