ABSTRACT

This year saw a great deal of activity in the state and local courts, as well as a few noteworthy cases considering federal issues. Interestingly, the due process clause was invoked in a number of instances and the courts reviewed whether the required constitutional tests were met. A violation of the 4th Amendment search and seizure clause was alleged in a case concerning disputed renovations to a historic home. Once more we see the intersection of the Americans with Disabilities Act and historic preservation through a case that provides additional discussion on the determination of what may be “readily achievable.” The courts also addressed a challenge arising under the Telecommunications Act and a proposed amendment to a management plan in a National Scenic Area.