US Court of Appeals, 11th Circuit, No. 12-12984, August 29, 2013: 11th Circuit agrees with 1st on landmark designation RIULPA ripeness test.
An Orthodox Jewish congregation (Temple) challenged the City’s designation of the congregation’s synagogue as a historic landmark. The designation would limit the Temple’s plans to alter its building to make it better conform with Orthodox [...]
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 [...]
U.S. Dist. Court, D. Massachusetts, 760 F. Supp. 2d 172 (D. Mass. 2011), January 4, 2011: Rejects RLUIPA and constitutional challenges to City Ordinance designating single church parcel as historic district. The Church’s failure to submit any plan for alteration of the building exterior or apply for an exemption from constraints on alteration figured significantly in [...]
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
Supreme Court, Albany County, 2010 NY Slip Op 50200(U) 434-10
February 10, 2010.
The court rejected on ripeness grounds the petition of Historic Albany Foundation to appeal a permit for demolition of two 19th century historic structures. The Foundation alleged, inter alia, a failure to prepare a full environmental impact statement in accordance with SEQRA [the NY [...]
Court Of Appeal Of California, Fourth Appellate District, Division Three, UNPUBLISHED, January 27, 2010
The decision upholds a city’s approval of an open space zoning ordinance and overturns the trial court’s decision to invalidate the ordinance. The appeals court held that the plaintiff private landowner (Babcock) could not prevail in an action to invalidate the ordinance because, [...]