[MassHistPres] MA Appeals Court Decision Regarding LHDs and Takings

[Jennifer Doherty]

Hello all,
I am not a lawyer, but wanted to pass along a bit of good historic
preservation legal news. The Massachusetts Appeals Court released an
unpublished summary decision yesterday in the case of a Holyoke property
owner who claimed that local historic district designation was a government
taking of their property and requested a local property tax abatement. The
City's assessor did not agree and did not grant the abatement.

The Appeals Court agreed with the City, finding that local historic
district designation is not a taking and not worthy of an abatement. As the
note at the top of the decision says, summary decisions cannot be used for
precedent, but it is another piece of evidence against the argument that
local historic districts are a government taking.

Just thought I'd pass it along for those who hadn't seen it!
Jenn


-- 
Jennifer B. Doherty
Preservation Planner
Barrett Planning Group LLC
350 Lincoln Street, Ste 2503
Hingham, MA 02043
Office: (781) 934-0073
Cell: (508) 209-7443
jenn at barrettplanningllc.com
www.barrettplanningllc.com
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