[MassHistPres] single property 40c LHDs

[Skelly, Christopher (SEC)]

Dennis, I will send you the MA single building local historic district examples that I have compiled.


The most recent example is from Hopkinton in 2019.  The building was under demolition delay and the single building local historic district was established during the delay period.


In most states, single building local historic districts are known as local landmarks.  With that in mind, the Penn Central Supreme Court case from 1978 that concerned the local landmark designation of Grand Central Terminal very clearly upheld the ability of municipalities to impose restrictions through local ordinances.  More information on this case, that is still often cited in local land use decisions, can be found here.

https://www.law.cornell.edu/supremecourt/text/438/104


The only court case in MA that I am aware of regarding single building local historic districts is
ROMAN CATHOLIC BISHOP OF SPRINGFIELD v. CITY OF SPRINGFIELD; 2013
Here is a useful quote from this decision that references the Supreme Court Penn Central decision.

"By analogy, the Supreme Court has recognized in a different context that landmark laws -- which operate similarly to single-parcel historic districts -- are not necessarily operating in a discriminatory manner when they single out particular parcels for special treatment."  The Springfield Historical Commission may wish to comment further on this case.


Chris Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<https://owa.sec.state.ma.us/OWA/redir.aspx?C=38937adc663d493e9132c4f21f50a281&URL=mailto%3aChristopher.Skelly%40state.ma.us>

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Subject: [MassHistPres] single property 40c LHDs


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I would like to ID single property 40c LHDs passed over an owner’s objection.

Also, I’d like to know of any that were challenged in court.

Dennis De Witt
Brookline
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