Historical Landmarks

News & Analysis as of

A Favorite New York Landmark Deemed a Famous Trademark

It is not easy to establish fame for purposes of showing a likelihood of dilution by blurring. Owner of the Empire State Building marks rose to the challenge in a recent decision by the Trademark Trial and Appeal Board (“the...more

“Freezing” of construction/reconstruction around “unprotected” “free-standing” monuments

The new protection zones around monuments are intended for the temporary protection of monuments for which preservation zones have not yet been established and which are not situated in the preservation zone of another...more

Be Safe, Get Your Standing Evidence in Early

A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for...more

Inflatable flashboards meet historic dam

A hydropower project in Lowell, Massachusetts won the right to replace wooden flashboards with an inflatable pneumatic crest gate system -- and now seeks to modify provisions requiring specific actions to mitigate impacts on...more

Arkansas Senate Opens the Door; Baphomet Walks In

The Arkansas Senate, in passing Bill no. 939 (now Act 1231), authorized the placement of a Ten Commandments monument on the grounds of the Arkansas State Capitol to purportedly “help the people of the United States and of...more

Jesus is Just Alright, Holds the Ninth Circuit

The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain...more

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Maine Massachusetts New Hampshire Nothing to report STATUS OF PREVIOUSLY REPORTED RULES COMPLIANCE DEADLINES For more information, see our mobile-friendly ENViromation Center, an online...more

Borough of Litchfield, CT Petition for Cert. from Second Circuit Decision; Asks SCOTUS to Clarify Whether a Law of Neutral and...

Last fall, the Second Circuit decided Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield, 786 F.3d 183 (2d Cir. 2014), reversing the lower court’s order of summary judgment in favor of the Borough of...more

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s...more

What’s a “Similarly Situated” Comparator under RLUIPA’s Equal Terms Provision? Florida Federal Court Explains in Finding Against...

Few courts have identified what it means to be a “similarly situated” comparator under RLUIPA’s equal terms provision. Recently, in Church of Our Savior v. City of Jacksonville, (M.D. FL 2014), a federal court in Florida...more

Sale of Property for Secular Use Does Not Constitute “Religious Exercise”

The Northern District of California recently dismissed RLUIPA claims filed by the California-Nevada Annual Conference of the Methodist Church (the “Conference”) against the City of San Francisco. The case revolves around the...more

Man Smashes Car into Ten Commandments Monument After Oklahoma Court Ruling

The Associated Press reports that an Oklahoma state court, in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), has ruled that a six-foot tall Ten Commandments monument on the grounds of the...more

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...more

St. Jude’s Church Loses Historic Designation

Last month, the Miami-Dade Circuit Court stripped St. Jude Melkite Catholic Church of its recently acquired historic designation. This church is located at 1501 Brickell Avenue, in the midst of multiple high rise condominiums...more

Orthodox Jewish Temple & City of Sunny Isles Beach, Florida Settle RLUIPA Suit

Temple B’Nai Zion and the City of Sunny Isles Beach, Florida have settled their four-plus years of litigation over the Temple’s appeal of the City’s historic site designation of property owned by the Temple and used as a...more

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment...more

Historic Districts and Certificates of Appropriateness: Raleigh's Latest Land Use Soap Opera

A compelling land use row is well underway right here in Raleigh. It allows commentary over anything from aesthetics, to history and historical context, to equity and fairness, to neighborly (or unneighborly) behavior, to...more

EARL e-News: South Carolina Supreme Court Dismisses Lawsuit Against Carnival Cruise Lines - Updates on Environmental,...

On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held...more

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently...more

State & Local Tax Alert: Alabama Edition - September 25th, 2013

The Alabama Historical Commission has issued emergency regulations to implement the state’s new historic structures rehabilitation tax credit. Emergency Rules 460-x-23-.01ER through 460-x-23-.13ER took effect September 1,...more

Alabama Legislative Update – Week 3: Alabama Trust Fund Repayment Bill Passes

The sixth and seventh legislative days of the Alabama Legislature's Regular Session saw the first bill passed by both houses and on its way to Governor Robert Bentley for his signature. As week three closed, priority...more

Copyright and Historical Landmarks

I recently heard that Dubai has planned to build a replica of the Taj Mahal, which will be four times the size of the original and is expected to be completed in two years. The Taj Arabia complex featuring the replica of the...more

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