Court of Appeals of California, Second District, Division Eight, No. B259672, September 9, 2015: Building and occupancy permits void after demolition in excess of permit.
In this mandamus action, demolition, building and occupancy permits issued by the City of Los Angeles were declared void because the entire structure was demolished, contrary to previously issued permits which required [...]
Texas Court of Appeals, 4th Dist., No. 04-13-00221-CV, March 19, 2014: No abuse of discretion if board relies on non-expert opinion of neighbors in demolition decision.
Reilly sought a permit from the City historic preservation officer to demolish a house in a historic district in San Antonio. When the permit was denied, Reilly appealed to the Board [...]
United States Court of Appeals, 1st Circuit, No. 11-1117, July 22, 2013: Church’s constitutional and RLUIPA claims against historic district designation not ripe or rejected.
The Roman Catholic Bishop of Springfield (RCB) closed the Our Lady of Hope (“Church”), built in 1925. The City of Springfield passed an ordinance (the “Ordinance”) declaring the Church property a historic [...]
FL Dist. Court of Appeals, 5th Dist., No. 5D12-2563, March 15, 2013: Compensation for Florida city’s denial of demolition is based on date of denial, not date of ordinance.
Between 1998 and 2006, the Wendlers bought real property located in a National Register of Historic Places District in St. Augustine, Florida. At the time of their purchases, [...]
US Court of Appeals, 5th Circuit, No. 11-50333, May 31, 2012: Time gap between historic building demolition order and demolition raises question of fact requiring trial, not summary judgment, on 4th amendment claim of unreasonable seizures and 14th Amendment procedural due process claim.
In 2008 the City of San Antonio demolished a building of some historic value. [...]
Court of Appeals of Maryland, No. 81/11, April 27, 2012: Taxpayer/adjoining landowner group denied standing to contest demolition of historic buildings under redevelopment plan approval in 4-3 split decision.
In connection with a land use project to redevelop the Baltimore City Market Center Urban Renewal Area commonly known as the “Superblock”, the Maryland legislature approved a $1 [...]
Mich. Court of Appeals, No. 298802, April 19, 2012 (unpublished): A state historic preservation review board to deny demolition approval was reasonable where the board found expert testimony supporting demolition to be unconvincing.
The City of Grosse Pointe Park (GPP) sought to demolish two buildings built in 1918-20 that it owns in Detroit. The demolition required City [...]
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 [...]
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 [...]
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 District Court, W.D. Penn., No. 2:11cv889, Sept. 9, 2011: Allows redevelopment demolition of building eligible for inclusion in the National Register of Historical Places to proceed by dismissing claims under National Historic Preservation Act, Department of Transportation Act and National Environmental Policy Act because Court found no evidence of federal action.
At issue is the proposed [...]
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. [...]
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 [...]
US Dist Ct, W.D. KY, Louisville Div., No. 3:10-CV-539-H, Jan. 12, 2011: Holds a suit to allow demolition of landmark buildings may proceed because owner either (1) properly appealed the denial of its demolition request under County ordinance or (2) was not required to exhaust administrative remedies. Denies the County’s motion to dismiss. “At some point [...]
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 [...]
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 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 [...]
United States District Court, S.D. California. No. 09cv962-WQH-AJB.
April 1, 2010
The court rejected summary judgment and injunctive relief motions by a religious school (OLP) that alleged the City’s refusal to issue permits for “modernization” of the school was a violation by the City of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. [...]