ABSTRACT
This State and Local section reviews the historic preservation actions arising in state and local courts, as well as those cases brought in federal court involving state and private entities’ compliance with federal law. Because regulation of historic preservation is performed predominantly at the state and local level, it is not surprising that again this year there are a significant number of cases involving zoning actions and permit applications for demolition, alteration, and new construction. Similarly, compliance with state environmental laws, such as New York’s State Environmental Quality Review Act, features largely in this section. Other cases involve contractual work on historic properties, the potential use of associated court fees, and an application for tax exempt status. Of note, the Fourth Circuit Court of Appeals heard a case involving criminal contempt for the violation of a preliminary injunction stemming from the terms of a preservation easement. Questions of standing and subject matter jurisdiction also appear in this section.
