News & Analysis as of

Historical Landmarks

The Federal Circuit Building’s Circuitous History

I had the opportunity this week to attend an oral argument at the Court of Appeals for the Federal Circuit in Washington this week (#humblebrag). I quickly came to realize that, like so many things in trademark law, the...more

Changes in Real Estate legislation in Russia

by Dentons on

Quarter 1 of 2017 - Amendments to the federal laws - RF Government Resolution No. 1357 On Approval of the Regulation on the Adoption by a Regional Cultural Heritage Site Protection Authority of a Decision Providing for...more

West Coast Real Estate Update: January 2017

by Holland & Knight LLP on

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los...more

Pubs & Planning Update - August 2016

by Reed Smith on

Wandsworth Council has just taken the unprecedented step of issuing a non-immediate Article 4 Direction to withdraw permitted development rights relating to demolition, alteration and changes of use from 120 pub and bar sites...more

(US) Give Me Some (Tax) Credit

by Reed Smith on

The Texas Historic Preservation Tax Credit (THPTC) is a little known incentive program established through Texas House Bill 500 during the 83rd Texas Legislative Session. With the goal of making historic preservation projects...more

Guv Wisely Eases Himself Away from High-Income Housing Easement

by PretiFlaherty on

Charlie Baker stepped away this week from the case of the State House lawn easement for real estate developers. To do otherwise would have been foolish. Our governor is no fool....more

Famous Empire State Building Trademark At The Heart Of An Opposition Case

by Ladas & Parry LLP on

The Empire State Building has been in the heart of New York City since 1931 and was recently at the heart of a beer logo in a case heard before the Trademark Trial and Appeal Board (TTAB). In the recent case of ESRT...more

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

by Dentons on

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

by Nexsen Pruet, PLLC on

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

by PretiFlaherty on

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

by Stoel Rives LLP on

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)

by Pierce Atwood LLP on

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...

by Robinson & Cole LLP on

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

by Poyner Spruill LLP on

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...

by Robinson & Cole LLP on

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”

by Robinson & Cole LLP on

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

by Robinson & Cole LLP on

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

by Bilzin Sumberg on

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

by Robinson & Cole LLP on

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

by Stoel Rives LLP on

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

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