[MassHistPres] Churches in LHDs

[slater at alum.rpi.edu]

Our city attorney is floating a theory that it is may not be legal to
include churches in local historic districts because this would be a
violation of the separation of church & state, in particular because any
encumbrance would be considered a "taking" under the 5th amendment,
particularly since the building would not be permitted to be demolished.

Can anyone speak to that? That seems like a very dangerous path to go
down. 

Ralph Slate
Springfield, MA 
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